LAWS(MAD)-2019-4-345

T.G.SATISH KUMAR Vs. D.SATYANARAYANA

Decided On April 02, 2019
T.G.Satish Kumar Appellant
V/S
D.SATYANARAYANA Respondents

JUDGEMENT

(1.) Instant 'Original Petitions' ('OPs' for brevity) are directed against an arbitral award dated 27.04.2015 (hereinafter 'impugned award' for the sake of convenience and clarity) made by an 'Arbitral Tribunal' ('AT' for brevity) constituted by a sole Arbitrator appointed by this Court in and by order dated 25.06.2014 made in OP.No.297 of 2013. Obviously OP.No.297 of 2013 is under Section 11 of 'The Arbitration and Conciliation Act, 1996' (A and C Act' for brevity).

(2.) This common order will dispose of both the OPs. Wherever there is a reference to 'Original Petition' in singular, the short from 'OP' will be used. Both the OPs assailing the impugned award are under Section 34 of A and C Act.

(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.