Alerts & Updates 25th Oct 2019

ELP – Arbitration weekly update -The State of Jharkhand & Ors. v. M/s HSS Integrated SDN & Anr

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This week, we look at the judgment of the Supreme Court in State of Jharkhand v. M/s HSS Integrated SDN & Anr.In the said case, the hon’ble Supreme Court reiterated the powers of the court to interfere with an award under sections 34 and 37 of the Arbitration and Conciliation Act, 1996 (“the Act”) while deciding a Special Leave Petition against an order passed under section 37 of the Act.Relying on the decisions in NHAI v. Progressive MVR, Maharashtra State Electricity Distribution Co. Ltd. v. Datar Switchgear Ltd. and Associate Builders v. DDA, the Court observed that the finding of the tribunal in the impugned award having been made after appreciation of evidence and giving cogent reasons, shouldn’t be interfered with unless such finding is perverse or contrary to the evidence on record.

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