PRANTIK Vs. GAYATRI PHARMACEUTICALS PVT

JUDGEMENT

(1.) THE appellant in the present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (in short 'the Act') seeks to challenge the order dated 1.10.2004 passed by the learned District Judge, Cuttack in Arbitration Misc. Case No. 35 of 2002 setting aside the award dated 26.12.2001 passed by the Arbitrator.

(2.) THE appellant challenges the impugned order, inter alia, on the ground that the learned District Judge had failed to consider the statutory requirement under Section 34 of the Act and in particular, after holding that the Arbitrator had not acted illegally or arbitrarily, he came to hold that an opportunity should have been given to the petitioner (Respondent herein) to place its case before the Arbitrator for proper adjudication and if it is not done the petitioner would suffer irreparable loss.

(3.) LEARNED Counsel for the respondent has placed reliance on the relevant provisions of Section 34(2)(a)(iii) of the Act which are quoted herein below: 34. Application for setting aside arbitral award.