AIR 2015 SUPREME COURT 620 ::2014 AIR SCW 6861 ::2015 (1) ADR 470 ::AIR 2015 SC (Civil) 655

Supreme Court Of India

(From : Delhi)

Hon'ble Judge(s): Ranjan Gogoi, R. F. Nariman , JJ

(A) Arbitration and Conciliation Act (26 of 1996) , S.34— Award - Setting aside of - Interfering with possible view of Arbitrator on facts - Not permissible. The High Court can be said to have exceeded its jurisdiction in interfering with a pure finding of fact forgetting that the Arbitrator is the sole Judge of the quantity and quality of evidence before him and unnecessarily bringing in facts which were neither pleaded nor proved and ignoring the vital completion certificate granted by the Development Authority itself.(Para 16 18 22) (B) Arbitration and Conciliation Act (26 of 1996) , S.31— Award - Application of Hudsons formula by arbitrator - Contract value that is awarded is to be taken into account and not the work completed. (Para 18 20) (C) Arbitration and Conciliation Act (26 of 1996) , S.34— Award - Setting aside of - Application of formula doing 'Rough and ready justice' by Division Bench of High Court - Not permissible. The expression 'justice' when it comes to setting aside an award under the public policy ground can only mean that an award shocks the consc....