Unknown vs Sepco Electric Power Construction on 27 September, 2023
16.Additionally, the Respondent also seeks to rely on various
judgments of this Court as well the High Court of Tripura and
the High Court of Delhi, namely, Kali Karnakar v. State of
Tripura and Ors.,3Mahanagar Telephone Nigam Limited v.
Fujhitshu India Private Limited,4 HCIL-Adhikarya-ARSS (JV)
v. RAHEE-GPT (JV),5New India Assurance Co. Ltd. v. Orissa
State Warehousing Corporation,6 and United India Insurance
Company Limited v. SuryoUdyog Limited7. It is submitted that
while entertaining appeals under Section 37 of the A&C Act,
the Court is not actually sitting as a Court of Appeal over the
award of the Arbitral Tribunal, and therefore the Court ought
not to re-assess or re-appreciate evidence. It is also stated that
the Arbitral Tribunal is the final arbiter on facts as well as law,
and even errors, factual or legal, which stop short of perversity,
do not merit interference under Section 34 or under Section 37
of the A & C Act.