NDLI: I-pay Clearing Services Private Limited Vs. Icici Bank Limited

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Arbitration and Conciliation Act 1996
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Arbitration and Conciliation Act, 1996 – s.34(4) – Arbitral award passed by sole arbitrator pursuant to dispute between parties being referred to arbitration u/s.8 over claims made by appellant – Petition filed by respondent u/s.34(1) for setting aside the award – In the same petition, Notice of Motion moved by appellant for remitting the matter to Sole Arbitrator u/s.34(4) – The Arbitrator had framed five points for determination and point no.1 was, “Whether the contract was illegally and abruptly terminated by the respondent?” – High Court held that unless and until a finding was recorded on point no.1 first, the Arbitrator should not have proceeded to record findings on the claims made by appellant, as such, the Arbitrator committed jurisdictional error – High Court held that the defect in the award was not curable and accordingly dismissed the Notice of motion taken out by appellant u/s.34(4) – Propriety – Held: Proper – Merely because an application is filed u/s.34(4) by a party, it is not always obligatory on the part of the Court to remit the matter to Arbitral Tribunal – Discretionary power conferred u/s.34(4), is to be exercised where there is inadequate reasoning or to fill up the gaps in the reasoning, in support of the findings which are already recorded in the award – Under guise of additional reasons and filling up the gaps in the reasoning, no award can be remitted to the Arbitrator, where there are no findings on the contentious issues in the award – A harmonious reading of ss.31, 34(1), 34(2A) and 34(4), make it clear that in appropriate cases, on request made by a party, Court can give an opportunity to the arbitrator to resume the arbitral proceedings for giving reasons or to fill up the gaps in the reasoning in support of a finding, which is already rendered in the award – But at the same time, when it prima facie appears that there is a patent illegality in the award itself, by not recording a finding on a contentious issue, in such cases, Court may not accede to the request of a party for giving an opportunity to the Arbitral Tribunal to resume the arbitral proceedings. Judgment / Order – ‘finding’ and ‘reasons’ – Difference between – Held: Finding is a decision on an issue whereas reasons are the links between the materials on which certain conclusions are based and the actual conclusions.
Judge	Hon'ble Mr. Justice R.Subhash Reddy
Neutral Citation	2022 INSC 7
Petitioner	I-pay Clearing Services Private Limited
Respondent	Icici Bank Limited
SCR	[2022] 2 S.C.R. 893
Judgement Date	2022-01-03
Case Number	7

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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