| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Administrative Law |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Disposed Off |
| Headnote | Administrative Law: Judicial review – Scope of – Interference with the arbitral award – Held: Is limited – Award passed by an Arbitrator can be challenged only on grounds specified in ss.30 and 33 of the Arbitration Act, namely, when there is an error on the face of the Award or when the Arbitrator has mis-conducted himself or the proceedings – Nor can the Court substitute its own view on the conclusion of law or facts as against those drawn by the Arbitrator, as if it is sitting in appeal – Arbitration Act, 1940.Arbitration: Arbitrator is the final arbiter of the disputes between the parties and it is not open to a party to challenge the Award on the ground that he has drawn his own conclusions or has failed to appreciate certain facts – It is beyond the jurisdiction of the Appellate Court to assign to itself, the task of construing the terms and conditions of the contract and its provisions and take a view on certain amounts awarded in favour of a party – As long as the Arbitrator has taken a possible view, which may be a plausible view, simply because a different view from that taken in the Award, is possible based on the same evidence, would also not be a ground to interfere in the Award – In the instant case, the Sole Arbitrator had given certain cogent reasons for awarding the amount in favour of the appellant-claimant towards idle hire charges of the parts of the machineries and equipments and loss of machinery – It was beyond the domain of the Appellate Court to have examined the reasonableness of the said reasons by reappreciating the evidence to arrive at a different conclusion – Having regard to the fact that amounts have been awarded in favour of the appellant-claimant on the above heads, based on the Report submitted to the Court by the Court Commissioner for valuing the tools and machinery and premised on the formula offered by the appellant-claimant for arriving at the idle hire charges, both being undisputed, there is no good reason for the Appellate Court to have interfered in the manner it did – Arbitration Act, 1940. |
| Judge | Hon'ble Ms. Justice Hima Kohli |
| Neutral Citation | 2022 INSC 50 |
| Petitioner | Atlanta Limited Thr. Its Managing Director |
| Respondent | Union Of India Represented By Chief Engineer Military Engineering Service |
| SCR | [2022] 1 S.C.R. 609 |
| Judgement Date | 2022-01-18 |
| Case Number | 1533 |
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