ENGINEERS INDIA LTD Vs. SHYAM SUNDER AGARWAL

JUDGEMENT

(1.) Impugned in this appeal is judgment dtd. 22/6/2011, whereby the Court below rejected petition of appellant made under Sec. 30 and 33 of Arbitration Act, 1940, for setting aside award dtd. 29/8/2008.

(2.) Mr. Mishra, learned senior advocate appears on behalf of appellant and submits, the arbitrator travelled beyond his jurisdiction in making the award. That can be looked into under sec. 30. He relies on three decisions of the Supreme Court.

(3.) Relying on above decisions he submits, in matters of challenge to the award there are two distinct or different grounds. First is error apparent on face of the record and the other that the arbitrator has exceeded his jurisdiction. He submits, in this case the arbitrator exceeded his jurisdiction.