Arbitration and Conciliation Act, 1996 - s. 34 - Application for setting aside of arbitral award - Award of contract in favour of respondent by appellant-Corporation whereby vessal
handed over to respondent for carrying modernization and
upgradation work - Vessal could not be returned to the
appellant on the stipulated date - Payment made by
appellant - Deduction of certain amount towards excess engagement charges, change in tax law, correction for price
charges inclusive of income tax - Disputes between parties,
referred to arbitral tribunal - Tribunal holding that delay post
21.10.2001 could not be attributed to the respondent, that the
deduction towards excess engagement charges from 01.11.2001 to 22.03.2002 by the appellant not justified as also
deduction on account of taxes - Petition u/s.34 by the
appellant that the award in conflict with the 'public policy of
India u/s. 34(2)(b)(ii) - Dismissed by the Single Judge of the
High Court however, partly allowed by the Division Bench by deleting pendente lite and future interest from the award made
- On appeal, held: If the arbitrators on facts proved before
them fail to draw an inference which ought to have been drawn
or if they have drawn an inference which is untenable resulting
in miscarriage of justice, the award would be open to
challenge - On facts, arbitraton erred in holding the appellant- Corporation responsible for the delay post 21.10.2001,
resulting in miscarriage of justice - They also failed to
appreciate and draw inferences that logically flow from such proved facts - Out of the period of 4 months and 22 days
which the arbitrators have attributed to the appellant, period
of 56 days reduced - Deductions made by the appellant for
the said period upheld - Award made by the arbitrators
modified to that extent.