AO/277/2025
2025 Latest Caselaw 3778 UK

Uttarakhand High Court

AO/277/2025 on 28 August, 2025

                     Office Notes,
                  reports, orders or
                   proceedings or
No     Date                                        COURT'S OR JUDGES'S ORDERS
                    directions and
                  Registrar's order
                   with Signatures
     28.08.2025
                                       AO No.277 of 2025
                                       Hon'ble G. Narendar, C.J.

Hon'ble Subhash Upadhyay, J.

Mr. V.K. Kaparuwan, learned Standing Counsel for the Union of India/appellant.

2. Heard learned counsel for the appellant.

3. Perused the judgment under appeal. Prima facie, it appears that the Commercial Court has failed to look into and appreciate the reasoning given by the Arbitrator. That apart, detailed perusal of the judgment would not disclose as to what are the reasoning and whether the reasoning assigned by the Arbitrator are sound and in consonance with the law of the land.

4. It is trite law that re-appreciation of evidence is not permissible but a duty is cast on the court to appreciate whether the appreciation of the evidence is proper, sound and legally permissible or is perverse.

5. It was incumbent on the Commercial Court to demonstrate appreciation of the material. The approach of the Commercial Court, prima facie, does not inspire confidence.

6. As the judgment does not reflect appreciation of any of the material, in that view, there shall be a stay of the Award, subject to the appellant depositing 50% of the Award amount before this Court in four weeks. The amount shall be deposited in a nationalised bank favouring the High Court of Uttarakhand and the FDRs shall be handed over to the custody of Registrar (Judicial).

7. Issue notice to the respondent.

8. List this case on 28.10.2025.

(Subhash Upadhyay, J.) (G. Narendar, C.J.) 28.08.2025 28.08.2025 R/SS