KAMAKHYA ENTERPRISE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal, made under Section 37 of the Arbitration and Conciliation Act, 1996 (in short, 'the Act'). The appellant herein has put to challenge the order, dated 04.12.2012, passed by the learned District Judge, Dibrugarh, in Misc. (Arb.) Case No. 12/2011, whereby the learned District Judge, Dibrugarh, has dismissed the application, made by the present appellant, under Section 34 of the Act, impugning therein the validity of the arbitral award, dated 10.08.2011, passed, by the Sole Arbitrator, Lt. Col. Uday, R.S. We notice that one of the grounds, specifically taken by the present appellant, in his application made under Section 34 of the Act, was as under:

(2.) THE learned District Judge, by its order, dated 04.12.2012, took note of the above ground by observing in its order, dated 04.12.2012, thus, "Further contention of the learned counsel for the petitioner was that the arbitrator violated the provision of Section 31 and 33 of the Arbitration and Conciliation Act and also did not take into account the various letters and petitions issued by the petitioners. That the impugned award was in direct conflict with law and public policy and that the arbitrator played fraud upon legal rights of the petitioner. While passing the impugned award, and therefore, contended by the learned counsel, that the impugned award cannot be allowed to stand and liable to be set aside".

(3.) HEARD Mr. A. Biswas, learned counsel, appearing for the appellant, and Mrs. R. Bora, learned Central Government counsel, appearing for the respondent.