C LAL GUPTA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Both the parties have filed objections to the award dated 5/1/1987 which has been forwarded by the Arbitrator for making rule of the court but now the counsel for the petitioner does not press the objections filed by the petitioner.

(2.) It is settled law that scope of assailing the award is very limited. The court does not sit in appeal while examining the award and!as such it is not a court to re-appreciate or re-appraise the evidence and disturb the finding of the fact or view of the arbitrator as to interpretation of terms of agreement even if such a view is erroneous. Unless and until there is complete non-application of mind and the Arbitrator traverses beyond the terms of the agreement or beyond the arena of the agreement, court should always be reluctant to interfere with the award. Otherwise the very object and purpose of settling of disputes by the alternative devise of Arbitration would stand defeated. The genesis is that parties choose their forum after exhibiting their full faith in the Arbitrator as to his competence, impartiality and integrity. Thus, unless bias or misconduct is writ large on the face of the award, sanctity of the award should be maintained.

(3.) After testing the objections filed by the respondent on the anvil of the aforesaid principles and criteria, I find that none of the objections has substance as these do not project any bias or misconduct or irrational or unreasonable approach by the arbitrator.