Municipal Corporation Of Delhi vs M/S Engineering Development ... on 10 December, 2015
In Baron International Ltd. vs. Startron Video P. Ltd. And Anr.
OMP No. 124/2009 decided on 25.02.2010 and 2008(3) R.A.J. 612(Del) and
Hindustan Lever Ltd. vs. Shiv Khullar interalia, it was observed that "a
commonly held belief that while considering objections U/s 34 of the Act, the
Court cannot look into the evidence before the Arbitrator also needs to be
clarified. There is a difference in reappreciating evidence and considering
whether material evidence has been ignored. Whereas the former would be
an activity prohibited while considering objections U/s 34 of the Act for the
reason an Arbitrator is a chosen forum by the parties to conclude rival issues
of fact between the parties, the latter would be an activity to find out whether
learned Arbitrator has acted within his mandate for the reason the mandate of
the Arbitrator is to decide on facts after considering all the relevant facts and
not ignoring the same."