Arbitration Act, 1940 - Section 30 - Arbitration award

Arbi­tra­tion Act, 1940 — Sec­tion 30 — Arbi­tra­tion award — Arbi­tra­tion Act, 1940 — Sec­tion 30 — Arbi­tra­tion award — Set­ting aside — Ten­der for sup­ply of oxy­gen accepted by respon­dent — Dis­pute about qual­ity and quan­tity of oxy­gen sup­plied as well as non-payment of bills — Dis­pute referred to arbi­tra­tion — Arbi­tra­tor held that claim put forth by appel­lant was well-founded and dis­missed counter-claim pre­ferred by respon­dent — Sin­gle Judge vir­tu­ally re-appreciated evi­dence by refer­ring to sev­eral let­ters and observed that arbi­tra­tor did not con­sider them con­tain­ing ?risk pur­chase? clause and respon­dent had no option but to pur­chase liq­uid oxy­gen at the cost of appel­lant — Let­ters dis­closed inten­tion of respon­dent to pur­chase oxy­gen from other sources, but in absence of proof of pur­chase from other sources, counter-claim was rejected — This by itself could not be a case of mis­con­duct on the part of arbi­tra­tor — Sin­gle Judge and Divi­sion Bench were not jus­ti­fied in set­ting aside award and dis­miss­ing counter-claim — Order of Sin­gle Judge con­firmed by Divi­sion Bench deserves to be set aside. To get cita­tion of this judg­ment email link of this post to advppc1@gmail.com

Arbitration Act, 1940 - Section 30 - Arbitration award