jurisdiction in
awarding interest at the rate of 9.5% per annum from
pre-reference, pendent lite and post award period and
the awarding of interest ... natural
consequences. The entire reasoning in para 369 of the
arbitration award is perverse as the arbitrator takes
34 CT0028_A.S._158_2017_Judgment
received the
Award amount without demur and without
reserving right to challenge the award and
therefore Claimant is precluded from challenging
the Award passed ... amount under the award, he can still
challenge the award as his claim is more than the amount
awarded. Therefore, the decisions referred
Arbitration and Conciliation Act, 1996 Read with
Section 151 of Code of Civil Procedure 1908, for setting
aside the arbitration award dated 28.01.2014 passed ... Section 34 of the Arbitration and
Conciliation Ac, 1996 R/w Section 151 of
CPC., to set aside the arbitration award
dated 28.01.2014 passed
grounds under Section 34 of Arbitration
and Conciliation Act to set aside the
impugned Arbitration Award?
2. What Order?
12 A.S.No. 70/2012 ... Court
finds that the award is vitiated by patent illegality
appearing on the face of the award:
Provided that an award shall
Indian Contract Act , as such, the
same is voidable. Hence, the arbitration award dated
26.07.2014 is null and void and cannot be sustained ... date of award till realization. It appears
that, the Plaintiffs, without looking into the award, have
attacked the award saying that the award is illegal
PlaintiffS under Section 34 of the
Arbitration and Conciliation Act, 1996, praying for setting aside the
arbitration award dated 08.12.2012 passed by Defendant ... under Section 34(2)(a)(iii) of
Arbitration and Conciliation Act, 1996
to set aside the award?
2. Whether the Plaintiffs have made out
ground
passed the
award. The award is supported by material evidence
placed by the parties and well reasoned. Moreover, the
arbitration clause ... Arbitrator in the award.
But, the award passed is based on material documents
and evidence adduced by the parties and the award is
supported
apply for arbitration accrued and by virtue of section 43
of Arbitration and Conciliation Act, the provisions of
Limitation Act applied to arbitration proceedings ... award, terminating the
arbitration proceedings under section 32(2)(c) of the
Arbitration & Conciliation Act, 1996 and hence, the award
passed
arbitral award -
(1) Recourse to a court against an arbitral award may be made
only by an application for setting aside such award in accordance ... Arbitration &
Conciliation Act, 1996 provides for awarding interest, at the rate
of 18% per annum , when the contract is silent in that regard
arbitration agreement. Where the arbitration
agreement provides that all disputes shall be
settled by arbitration but excludes certain
matters from arbitration, then, the Arbitrator
will ... sustained by
claimant are made good vide other claims in
the award.
Award of this claim - NIL."
24) Moreover, the Tribunal has never come
