RAKESH BALA ANEJA Vs. J S SOOD

JUDGEMENT

(1.) This appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 arises out the judgment and order dated 30th October, 2009 passed by the learned Single Judge, dismissing the objections filed by the appellant against the award dated 14th/23rd August, 2009 passed by Mr. J.S. Sood, Sole Arbitrator.

(2.) The facts relevant for deciding the appeal are as follows :-

(3.) Similar grounds for impugning the judgment of the learned Single Judge have been raised in the present appeal. Mr. R.S. Suri, the learned counsel for the appellant, in the course of arguments in this appeal, vigorously contended that even solemn legal proceedings stand vitiated if they are actuated by fraud, and the present case was a clear case of fraud. The following observations made by the Supreme Court in the matter of S.P. Chengalvaraya Naidu (dead) by L.Rs. v. Jagannath (dead) by L.Rs and Ors., 1994 1 SCC 1 were relied upon by the learned counsel in this context :-