AO/144/2009
2021 Latest Caselaw 4721 UK

SL.          Office Notes,
No.   Date      reports,           COURT'S OR JUDGE'S ORDERS
               orders or
             proceedings
             or directions
                  and
              Registrar's
              order with
              Signatures
                             AO No. 144 of 2009

                             Shri Sanjaya Kumar Mishra, J.

Mr. Siddhartha Singh and Mr. Ravi Babulkar, Advocates for the petitioner.

Mr. B.P. Nautiyal, Senior Advocate assisted by Mr. Mohd. Matloob, for the respondents.

Heard learned counsel for the parties in part.

Learned counsel for the petitioner relies upon the Division Bench's judgment of the Hon'ble High Court of Calcutta in APO No. 349 of 2017 being the leading case among others, State of West Bengal Vs. Bharat Vanijya Eastern Pvt. Ltd., rendered on 21.11.2019 wherein the scope of the inquiry under Section 34 of the Arbitration and Conciliation Act, 1996 has been considered. He relies mainly on paragraphs 36 and 44 of the said judgment. He also relies upon the judgment of the Hon'ble Supreme Court in the case of "PSA SICAL Terminals Pvt. Ltd. Vs. The Board of Trustees of V.O. Chidambranar Port Trust Tuticorin & others", in Civil Appeal No. 3699-3700 of 2018 rendered on 28.07.2021. In this judgment he mainly relies upon paragraphs 42, 43, & 44 and submits that in certain cases, the District Judge in exercise of jurisdiction Section 34 of the Act can go into the question of fact and also re-examine the arbitral award when there is complete ignorance of materials available on record or when inadmissible material have been taken into consideration in passing the award. At this stage, the Court is of the opinion that learned counsel for the petitioner should prepare a convenience sheet in the shape of paper book containing legible copy of the award, the documents exhibited before the Tribunal, legible copy of the judgment rendered by the learned District Judge, the statement of claim before the Arbitrator and the legible copy of written statement and submit in the Registry by 06.12.2021. Learned counsel for the petitioner shall supply the English translated copy of all the above documents.

For the purpose of preparing paper book/convenience sheet the Registry is directed to supply a xerox copies of the documents required by the counsel for the petitioner on payment of usual charges within 3 days.

List on 08.12.2021 immediately after fresh cases.

(S.K. Mishra, J.) 24.11.2021 A/-