LAWS(BOM)-2020-2-239

UNION OF INDIA Vs. RECON

Decided On February 13, 2020
UNION OF INDIA Appellant
V/S
Recon Respondents

JUDGEMENT

(1.) The Petitioner is the Union of India through the postal department. The Petition is under Section 34 of the Arbitration & Conciliation Act , 1996. The Union of India challenges part of an arbitral award dated 24th July 2019; specifically, the Award made against the Union of India on claims nos. 7, 8, 9 and 12. By consent, the Petition is taken up for final disposal at the stage of admission. B. THE POSITION IN LAW UNDER SECTION 34

(2.) It is necessary to first identify precisely which of the permissible avenues of recourse under Section 34 are invoked by the Petitioner in this challenge. Mr Sharma for the Petitioner identifies two such: that (to the extent of the challenge), the Award (1) suffers from perversity; and (2) that it is vulnerable on the ground of patent illegality.

(3.) Mr Sharma positioning of his case in this way demands a delineation of the law as it stands today on both aspects. First, the relevant portions of Section 34 :Incorporating the amendments introduced by Act 3 of 2016, with effect from 23rd October 2015. These amendments are shown in square brackets.