S.SIVAKUMAR Vs. SUNDARAM FINANCE LIMITED

JUDGEMENT

(1.) Instant 'Original Petition' ('OP' for brevity) has been filed under Sec. 34 of 'The Arbitration and Conciliation Act, 1996' ('A and C Act' for brevity) assailing an 'arbitral award dtd. 30/11/2015' ('impugned award' for brevity) made by an 'Arbitral Tribunal' ('AT' for brevity) constituted by a sole Arbitrator, who is a former District Judge.

(2.) Sec. 34 in the scheme of A and C Act finds its slot under Chapter VII of A and C Act, which is captioned 'RECOURSE AGAINST ARBITRAL AWARD'. A perusal of Sec. 34 of A and C Act also reveals that recourse to Court against an arbitral award may be made by an 'application'. Also to be noted, the very caption to Sec. 34 of A and C Act reads 'APPLICATION FOR SETTING ASIDE AN ARBITRAL AWARD' (underlining made by Court to supply emphasis and highlight). Be that as it may, such recourse against an arbitral award is being assigned the nomenclature 'Original Petition' in this Registry. Therefore, I shall refer to the instant proceedings as 'OP' for the sake of convenience and clarity.

(3.) Before this Court proceeds further, it is necessary to extract earlier proceedings of this Court dtd. 1/4/2019, which reads as follows: