VINESH ANAND Vs. KAILASHWATI

JUDGEMENT

(1.) -Heard Shri Bal Krishna Narain, learned counsel for the petitioner.

(2.) AN application under Section 34 of the Arbitration and Conciliation Act, 1996, filed by respondent No. 2 to set aside the arbitral award given by Shri Vijay Verma, Addl. Director (Training), Institute of Judicial Training and Research, U. P. Lucknow in place of Shri A. S. Srivastava, retired Judge of this Court by order dated 4.7.2003, made by the Arbitrator on 30.6.2004 making respondent No. 2 entitled to recover Rs. 3,75,314.13 and Rs. 90,884.75 is pending in the Court of District Judge, Allahabad as Arbitration Case No. 33 of 2004.

(3.) LEARNED counsel for the petitioner contends that under the new Act the award can be set aside on limited grounds and the application under Section 34 of the new Act to be decided on the basis of material on which arbitrator has given award and not by inviting fresh evidence. It was not necessary to frame issues and to lead evidence as if proceedings were by way of regular suit. The petitioner has relied upon AIR 1962 Cal. 594 (Para 8) and AIR 1992 Cal. 578 (Para 16), in submitting that the procedure under Section 34 under the old Act was summary in nature and that the same view must be followed for deciding matters under the new Act.