Devas Employees Mauritius Pvt. Ltd vs Antrix Corporation Limited & Ors. on 17 March, 2023
41. What is important to note is that a decision which
is perverse, as understood in paras 31 and 32 of
Associate Builders [Associate Builders v. DDA, (2015)
3 SCC 49 : (2015) 2 SCC (Civ) 204] , while no longer
being a ground for challenge under ―public policy of
India‖, would certainly amount to a patent illegality
appearing on the face of the award. Thus, a finding
based on no evidence at all or an award which ignores
vital evidence in arriving at its decision would be
perverse and liable to be set aside on the ground of
patent illegality. Additionally, a finding based on
documents taken behind the back of the parties by the
arbitrator would also qualify as a decision based on no
evidence inasmuch as such decision is not based on
evidence led by the parties, and therefore, would also
have to be characterised as perverse.