Law: Arbitration Act (X of 1940)

Section: 30 , 33

  a. Arbitration Act (X of 1940)-- ---Ss. 30 & 33---Award---Objection---Jurisdiction of Court---Scope---Court cannot examine correctness's of award on merits. When a Court is called upon to decide the objections raised by a party against an arbitration award, the jurisdiction of the Court 'is limited, as expressly indicated in the Act, and it has no jurisdiction to sit in appeal and examine the correctness of the award on merits. Arbitration Act (X of 1940)-- ---S. 33---Award---Objection to a claim---No separate reply to certain claim attempted by opposite party---Objection cannot be allowed. Arbitration Act (X of 1940) ---Ss. 30 & 33---Award---Challenge---Court denying certain claim---Decision of Court that profit on amount of claim should be limited to certain percentage is incorrect---No occasion for percentage of profit thus arose for decision. AIR 1988 SC 1520 ref. Kapil Sibal and A.B. Rohatgi, Senior Advocates and R.F. Nariman, Raian Karanjawala, Mrs.Manik Karanjawala and Makarand D. Adkar with them for Appellant. Abdul Khader, Senior Advocate, A.S. Rao, Mrs.Sushma Suri and C.V.S. Rao with him for Respondent. JUDGMENT LALIT MOHAN SHARMA, J.--This appeal by special leave is directed against the judgment dated 31-5-1984 of a Division Bench of Delhi High Court passed in an arbitration matter. Several disputes between the appellant and the respondent arose out of a contract for execution of certain works, which were, under the orders of a learned Single Judge of the Delhi High Court, referred for arbitration to a sole arbitrator, who gave an award directing the respondent to pay a sum of over 64 lacs of rupees to the appellant. A learned Single Judge of the Delhi High Court made the award rule of the Court. The Union of India filed an appeal which was registered as FA.O. (O.S.) 67 of 1982 and was partly allowed by the Division Bench of the High Court. The Government of India decided to hold a trade fair to be known as Third Asian International Trade Fair, scheduled to be opened in November 1972. More than a hundred countries from the different parts of the world, invited to participate in the   Fair, were assured of getting space, by…