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HARYANA TOURISM LIMITED vs. M/S KANDHARI BEVERAGES LIMITED

SCR Citation: [2022] 2 S.C.R. 316
Year/Volume: 2022/ Volume 2
Date of Judgment: 11 January 2022
Petitioner: HARYANA TOURISM LIMITED
Disposal Nature: Appeal Allowed
Neutral Citation: 2022 INSC 32
Judgment Delivered by: Hon'ble Mr. Justice M.R. Shah
Respondent: M/S KANDHARI BEVERAGES LIMITED
Case Type: CIVIL APPEAL /266/2022
Order/Judgment: Judgment
1. Headnote

Arbitration and Conciliation Act, 1996 – ss. 34 and 37 – Exercise of powers u/s.37 – Scope of – High Court in appeal u/s.37 set aside the award passed by the arbitrator as well as the order passed by the first appellate Court-Additional District Judge–On appeal, held: An award can be set aside only if it is against the public policy of India –The award can be set aside u/ss. 34/37, if it is found to be contrary to fundamental policy of Indian Law; or the interest of India; or justice or morality; or if it is patently illegal – None of the aforesaid exceptions are applicable to the facts of the present case –In appeal u/s.37, the High Court entered into the merits of the claim which is not permissible– It decided the appeal u/s.37 as if it was deciding the appeal against the judgment and decree passed by the trial Court – High Court exercised the jurisdiction not vested in it u/s.37– Impugned judgment of High Court set aside – Award passed by the arbitrator and the order passed by the Additional District Judge u/s.34 overruling the objections are restored

2. Case referred
3. Act
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4. Keyword
  • Arbitration and Conciliation Act
  • 1996
5. Equivalent citation
    Citation(s) 2022 (3) SCC 237 = 2022 (3) Suppl. SCC 237 = 2022 (1) JT 153 = 2022 (1) Suppl. JT 153 = 2022 (1) SCALE 346