P.C.RAJAN PILLAI CARRYING BUSINESS AS CIVIL AND ELECTRICAL CONTRACTORS Vs. BHARAT HEAVY ELECTRICALS LTD.

JUDGEMENT

(1.) Appellant has preferred an appeal under Sec. 37 (1)(b) of the Arbitration and Conciliation Act, 1996 against order dtd. 11/3/2011 passed by Special Court No.2, Bhopal in Arbitration Case No. 27/2008 by which objections were allowed and award dtd. 4/12/2007 passed by sole Arbitrator Mr. S. N. Patil was set aside.

(2.) Counsel for the appellant submitted that Court failed to consider the law of arbitration while deciding objections preferred against award. Court acted as an Appellate Authority and passed orders re-appreciating evidence available on record. It is submitted that award can be challenged on limited grounds enumerated in Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as Rs. the Act, 1996'). None of the said grounds was available despite that Court interfered and set aside the award. Due to aforesaid reason, interference done by Court was contrary to the Act, 1996. In these circumstances, finding recorded by Court against award was also challenged on its merits.

(3.) Counsel for the respondent/objector supported the order passed by the Court and further submitted that no interference is called for as none of the grounds has enumerated in Sec. 34 of the Act, 1996 is available to the appellant to challenge order passed by Court. In these circumstances, appeal may be dismissed.