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M/S. Pee Kay Synthetics vs M/S Orion Fabrics Pvt. Ltd on 1 December, 2012 cites

Sudarsan Trading Co vs Govt. Of Kerala & Anr on 14 February, 1989

The Ld. Counsel for the UOI has relied upon Sudarshan Trading Company vs. Govt. Of Kerela AIR Supreme Court AIR 1989 Supreme Court 890 and argued that even if reasons have not been given then court cannot interfere with the award. This judgment is CS-259/11 Page No.8/9 not applicable on two counts to the fact of the case. Firstly on the ground that this is division bench judgment and the judgment relied upon by the objector is full bench judgment and further more this ruling was under consideration before the Hon'ble Supreme Court in 1997,S.C. 3603. Thus no help can be taken by the counsel for UOI from this ruling. The counsel for the UOI has also relied upon AIR 1989, Supreme Court ,777 and argued that in appeal in arbitration matter, court cannot sit as a appeal. This legal aspect is not disputed but herein the arbitrator has misconducted himself as stated above, hence there is no question of court as sitting in appeal but rather this court has been deprived of the reasons prevailing in mind of arbitrator to pass the award. In these circumstances, there is no question of any reappraisal of the evidence. The counsel for respondents failed to justify the award on the test of principles of natural justice and thus in these circumstances as held by Hon'ble Supreme Court Supra the award is not sustainable and is accordingly set aside. However parties are at liberty to seek appropriate remedy for settlement of their grievances. File be consigned to record room.
Supreme Court of India Cites 9 - Cited by 613 - S Mukharji - Full Document
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