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1 - 5 of 5 (0.23 seconds)Section 33 in The Arbitration Act, 1940 [Entire Act]
The Arbitration Act, 1940
M/S. Alopi Parshad & Sons, Ltd vs The Union Of India on 20 January, 1960
(h) The award made by the arbitrator disregarding
the terms of the reference or the arbitration
agreement or the terms of the contract would be a
jurisdictional error which requires ultimately to be
decided by the court. He cannot award an amount
which is ruled out or prohibited by the terms of the
agreement. Because of a specific bar stipulated by
the parties in the agreement, that claim could not be
raised. Even if it is raised and referred to arbitration
because of a wider arbitration clause such claim
amount cannot be awarded as the agreement is
binding between the parties and the arbitrator has
to adjudicate as per the agreement. This aspect is
absolutely made clear in Continental Construction
Co. Ltd. (1988) 3 SCC 82 : (1988) 3 SCR 103, by
relying upon the following passage from Alopi
Parshad v. Union of India AIR 1960 SC 588: (1960) 2
SCR 793 which is to the following effect:
The Indian Contract Act, 1872
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