ENGINEERING PROJECTS INDIA LTD Vs. BALAJI PROJECTS

JUDGEMENT

(1.) Captioned 'Original Petition' (hereinafter 'OP' for the sake of brevity and convenience) is an application under section 34 of 'The Arbitration and Conciliation Act, 1996 (Act 26 of 1996)', which shall hereinafter be referred to as 'A and C Act' for the sake of brevity, convenience and clarity.

(2.) Captioned OP has been filed assailing an 'Arbitral Award dated 04.12.2019 and additional award dated 23.01.2020 bearing reference AC No.30/2018' (hereinafter collectively and compendiously referred to as 'impugned award' for the sake of brevity, convenience and clarity) made in the State of Karnataka by a 'Arbitral Tribunal' ('AT' for brevity) constituted by a Sole Arbitrator, who is a retired District Judge in the State of Karnataka, who was appointed as sole arbitrator by Hon'ble Karnataka High Court at Bengaluru vide order dated 11.10.2017 in a application under section 11 of A and C Act being C.M.P.No.34 of 2017. To be noted, the entire arbitral proceedings of AT were held in Arbitration Centre Karnataka (Domestic and International), Bengaluru.

(3.) Captioned OP being an application under section 34 of the A and C Act, short facts shorn of elaboration will suffice owing to the short statutory perimeter and limited legal landscape of section 34 of the A and C Act within which a legal drill of testing an arbitral award should perambulate. In this view of the matter, it will suffice to set out factual matrix in a nutshell.