M/S Hari Ram Piara Lal vs Union Of India & Ors on 11 October, 2023
7. The respondent preferred objection petition under Section 34 of
of Arbitration Act before District Judge, Chandigarh. The matter came up
for consideration before Additional District Judge, Chandigarh who vide
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Neutral Citation No:=2023:PHHC:132139
CWP-3360-2014 (O&M) -5- 2023:PHHC:132139
order dated 10.10.2017 dismissed objection petition of the respondent. The
learned ADJ concluded that Court under Section 34 of Arbitration Act
cannot sit like appellate authority over the award passed by Arbitrator and
cannot re-appreciate the evidence. The Arbitrator has properly appreciated
the evidence, therefore, it has to be relied upon. The Objecting Court
turned down plea of the respondent with respect to presence of sales officer
of the respondent-HPCL. With respect to judgment of Calcutta High Court
in Ramesh Kejriwal Vs. Union of India, 2011(33) RCR (Civil) 112, cited
by the respondent, it was held that in the said case, there was no dispute
with respect to presence of sales officer.