AIR 2001 SUPREME COURT 2062 ::2001 AIR SCW 1868 ::2001 (2) Arbi LR 17 ::(2001) WLC(SC)CVL 521 ::(2001) 2 ArbiLR 17 ::2001 (5) SCC 629 ::(2001) 3 Scale 721 ::2001 (2) All CJ 1340 ::2001 CorLA(BL Supp) 56 SC ::2001 (3) ICC 321 ::2001 (2) LRI 1072 ::2001 (6) SRJ 136 ::(2001) 5 JT 186 (SC)

Supreme Court Of India

(From : Sikkim)*

Hon'ble Judge(s): A. S. Anand, R. C. Lahoti, Doraiswamy Raju , JJJ

(A) Civil P.C. (5 of 1908) , S.98(2)— Sikkim High Court (Practice and Procedure) Rules (1991) , R.149, R.150— Decision where judges differ - Words "consisting of in S. 98(2) - Mean and have relevance to sanctioned strength of judges - High Court having sanctioned strength of 3 judges - Only two judges in position at relevant time - Judges consisting Division Bench differing - Making reference to Third Judge as per Rules 149, 150 which were then in force - Order is valid - Plea that when only two judges were in position and they differed, judgment of lower Court under consideration ought to be confirmed under S. 98(2) - Not tenable - Retrospective deletion of Rules 149, 150 would not destroy orders already passed. General Clauses Act (10 of 1897) , S.8— (Para 9) (B) Arbitration Act (10 of 1940) , S.30, S.39— Award - Interference by Court - Salient and overall peripheral parameters indicated. An arbitrator is not a conciliator and his duty is to decide the disputes submitted to him according to the legal rights of the parties and not according to what he may consider it to be fair and reasonable. Arbitrator is not entitled to ignore the law or misapply it and cannot also act arbitrarily, irrationally, capriciously or independent of the....