UNION OF INDIA Vs. A.CHOCKALINGAM

JUDGEMENT

(1.) Instant Original Petition ('OP' for brevity) has been filed under Section 34 of 'The Arbitration and Conciliation Act, 1996' ('A and C Act' for brevity) assailing an arbitral award dated 12.07.2010 (hereinafter 'impugned award' for brevity) made by a Arbitral Tribunal ('AT' for brevity) constituted by a Sole Arbitrator.

(2.) Respondents 1 and 2 before the AT, who shall collectively be referred to as 'Southern Railway' for the sake of convenience and clarity are petitioners 1 and 2 in the instant OP. Sole claimant before the AT is the contesting first respondent in the instant OP. To be noted, the Sole Arbitrator who constituted the AT has been arrayed as second respondent in the instant OP.

(3.) In the scheme of A and C Act, Section 34 is slotted under Chapter VII captioned 'RECOURSE AGAINST ARBITRAL AWARD'. A perusal of Section 34 also reveals that recourse to a Court against an arbitral award under Section 34 of A and C Act may be made by an 'application'. Also to be noted, caption to Section 34 itself reads 'APPLICATION FOR SETTING ASIDE ARBITRAL AWARD'. Be that as it may, with regard to legal proceedings which are in the nature of recourse against arbitral awards, are being assigned the nomenclature 'Original Petitions' in the Registry of this Court and therefore, instant proceedings are being referred to as 'OP', for the sake of convenience and clarity.