BABU RAM GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Through this suit, the award dated 28.12.1995 is sought to be made rule of the court. On being noticed, the respondent-UOI has preferred objections under Sections 30 & 33 of the Indian Arbitration Act, 1940 through I.A.7583/1996.

(2.) Challenge to the award has a limited scope as the court does not sit in appeal and therefore re-appraisal or re-evaluation or re-assessment of evidence or material is not permissible. It is only in rare cases where perversity as to finding of fact or proposition of law is writ large then the award requires rejection or remittance. Again if the Arbitrator traverses beyond the terms of the agreement, award is liable to be set aside on account of non-jurisdiction. Similarly, if the Arbitrator ignores the material document, which has significant bearing on arriving at just and fair decision, the award is liable to be remitted for re-decision. If the Arbitrator proceeds on the unsound proposition of law, he renders his award unworthy of acceptance.

(3.) Let us test the objections on the anvil of aforesaid principles.