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ASSOCIATE BUILDERS vs. DELHI DEVELOPMENT AUTHORITY

SCR Citation: [2014] 13 S.C.R. 895
Year/Volume: 2014/ Volume 13
Date of Judgment: 25 November 2014
Petitioner: ASSOCIATE BUILDERS
Disposal Nature: Appeal Allowed
Neutral Citation: 2014 INSC 809
Judgment Delivered by: Hon'ble Mr. Justice R.F. Nariman
Respondent: DELHI DEVELOPMENT AUTHORITY
Case Type: CIVIL APPEAL /10531/2014
Order/Judgment: Judgment
1. Headnote

Arbitration and Conciliation Act, 1996:

ss.5 and 34(2) and (3) — Arbitral award — Judicial intervention with — Scope of — Award of arbitrator — In favour of the appellant-contractor — Upheld by Single Judge of High Court — Division Bench of High Court in exercise of jurisdiction u/s.34 setting aside the order of Single Judge negating four of the claims of the contractor in toto and scaling down three of the claims — On appeal, held: An arbitration award can be set aside only on the grounds mentioned u/ s.34(2) and (3) — None of the grounds contained in sub- clause 2(a) of the Act deal with the merits of the decision rendered by the arbitral award — It is only when the award is in conflict with the public policy of India that the merits of an arbitral award are to be looked into under specified circumstances — The Division Bench of High Court in exercise of its jurisdiction u/s.34 has exceeded its jurisdiction by interfering with the possible view of arbitrator on the facts —Arbitral award is upheld,

‘Public policy’'- Meaning of, in the context of Arbitration and Conciliation Act, 1996 — Discussed.

Words and Phrases — ‘Justice’ and ‘morality’ Meaning of. 

2. Case referred
3. Act
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4. Keyword
  • Arbitration and Conciliation Act 1996
  • Arbitral award
  • Judicial intervention with
  • Scope of
  • Award of arbitrator
5. Equivalent citation
    Citation(s) 2015 AIR 620 = 2015 (3) SCC 49 = 2015 (3) Suppl. SCC 49 = 2014 (13) JT 204 = 2014 (13) Suppl. JT 204 = 2014 (13) SCALE 226