order made under
Section 34 , as per Section 37 , is concerned, it cannot be
21
disputed that such interference under Section 37 cannot
travel beyond ... this Court
under Section 37 of the Arbitration Act. While discussing
the scope of jurisdiction under Section 37 of the
Arbitration Act, this Court hereinabove
BENGALURU CITY(CCH-33), PARTLY
ALLOWING THE APPLICATION FILED UNDER SECTION 34 OF
ARBITRATION AND CONCILIATION ACT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS ... Sec. 34 would be
wholly unsustainable in law. The Court
categorically observed that any attempt
to "modify an award" under Sec. 34
would
passing of the Arbitral Award.
Circumference of Section 34
5 .3 Section 34 of the Arbitration and Conciliation Act, 1996
provides for making an application ... Section 34 of the Act.
"...it cannot be disputed that such
interference under Section 37 cannot travel
beyond the restrictions laid down under Section
appreciating evidence, which is beyond the limited scope of
Section 34 of the Arbitration Act. The findings recorded in
the impugned judgment are contrary ... provided in the Section itself. The Apex Court has clearly
held that in an application under Section 34 of the
Arbitration Act, the Court
ARBITRATION SUIT NO.193/2019 FILED BY THE
APPELLANTS UNDER SECTION 34 OF THE ARBITRATION AND
CONCILIATION ACT, 1996 AND FURTHER BE PLEASED TO ALLOW ... were made out any of the
grounds which enumerated under Sec. 34 of the
Arbitration and Conciliation Act to set aside the award
which passed
Commercial Court') in an application filed under Section
34 of the Arbitration and Conciliation Act, 1996
(' Arbitration Act ' for short ... appellant only on 04.01.2024, the application under
Section 34 Arbitration Act preferred on 23.01.2024 was
well within time. It is contended that what was
communicated
arbitration and an
5
arbitral award was passed on 27.06.2022, allowing the claim
in part. The respondents herein filed an arbitration petition
under Section 34 ... arbitral award is well
beyond the powers conferred under Section 34 of the
Arbitration Act and that the order is liable to be set aside
rendered by the courts under
Section 34 proceedings.
21. In light of the findings recorded by the Court
under Section 34 proceedings and subsequently affirmed ... aside, their right to invoke arbitration
under Section 21 still subsists is misconceived. The
findings under Section 34 proceedings have a direct
bearing
having
approached the Section 34 Court within the time as provided
under Section 34 of the Arbitration and Conciliation Act and
that medical records have ... Section
34 , sub-section (3) would not be an application "in
accordance with" that sub-section. Consequently by
virtue of Section 34
participating in the arbitration proceedings for any tenable
reason, the Arbitration Act provides that the application
under Section 34 has to be preferred within three ... arbitral award. As a matter of
fact, Section 34(3) provides that an application under
Section 34 cannot be made after three months from
