LAWS(DLH)-2022-12-152

RAM KUMAR Vs. SHRIRAM TRANSPORT FINANCE CO. LTD.

Decided On December 05, 2022
RAM KUMAR Appellant
V/S
SHRIRAM TRANSPORT FINANCE CO. LTD. Respondents

JUDGEMENT

(1.) The appellants have filed the present appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act') impugning an order dtd. 30/6/2020 (hereafter 'the impugned order') rendered by the learned Commercial Court. By virtue of the impugned order, the learned Commercial Court rejected the appellants' application preferred under Sec. 34 of the A&C Act [being OMP (Comm.) No.44/2019 captioned Ram Kumar and Anr. v. Shriram Transport Finance Co.], whereby they had impugned an arbitral award dtd. 30/8/2019 (hereafter 'the impugned award') delivered by an arbitral tribunal comprising of a sole arbitrator.

(2.) In terms of the impugned award, the Arbitral Tribunal has awarded a sum of Rs.4,01,987.00 (Rupees Four Lakh One Thousand and Eighty-Seven only) with interest on the aforesaid amount at 12% p.a, with effect from 16/8/2019 till the date of its realization, in favour of the Shriram Transport Finance Co. Ltd. (hereafter 'the respondent').

(3.) The learned Commercial Court found no ground to set aside the impugned award. The court rejected the contention that the learned Sole Arbitrator was ineligible to act as an arbitrator under Sec. 12(5) of the A&C Act or that the impugned award could be impeached on the ground of justifiable doubts as to the independence and impartiality of the learned Sole Arbitrator. Further, the learned Commercial Court held that, as per Sec. 12 of the A&C Act, an arbitrator is required to give a declaration only if he is of the view that there are circumstances which affect his independence and impartiality. Factual Context