Recently, the division judge bench of the Madras High Court held that an award cannot have any specific format. As every judge writes his/her judgment in a particular style, the learned Arbitrators also write in different styles.
Brief facts:
The factual matrix of the case is that the award which was passed by the learned Arbitrator was challenged before the single-judge bench of the High Court. However, the learned single judge rejected the Petition. Aggrieved by this, the present appeal is filed.
The appellant challenged the Petition on two grounds
(a) that no personal hearing was granted by the learned Arbitrator, though it was sought for by the appellant; and
(b) that all documents of the appellant were not considered in the award.
Observations of the court:
The Hon’ble Court observed that the appellant can’t be allowed to raise the ground that no personal hearing was granted at this stage as the same was not raised before the learned single judge.
It was furthermore observed that the learned Single Judge has considered the submissions and given his findings. Moreover, the learned Arbitrator has considered all the 28 documents.
The court while relying upon the judgment titled Dyna Technologies (P) Ltd v. Crompton Greaves Ltd., emphasized that it is trite that an award cannot have any specific format. As every judge writes his/her judgment in a particular style, the learned arbitrators also write in different styles.
Based on these considerations, the court was of the opinion that there is nothing wrong with the method in which the award has been written. Furthermore, the documents submitted have been considered and the learned Arbitrator has applied his mind to the contents thereof and the submissions of the appellant based on those documents.
The decision of the court:
With the above direction, the court dismissed the appeal.
Case Title: Gopal Krishan Rathi Vs Dr.R.Palani
Coram: Hon’ble Mr. Chief Justice K.R. Shriram, and Hon’ble Mr. Justice Senthil Kumar Ramamoorthy
Case No.: O.S.A.(CAD) No.141 of 2023
Advocates for the Appellant: Mr.Jayesh B.Dolia Senior Counsel for M/s.Aiyar and Dolia
Advocates for the Respondents: Mr.Muralikumaran Senior Counsel for Mr.R.Gopinath for M/s.Mc Gan Law Firm
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