JAGDISH CHANDER BHATIA versus LACHHMAN DAS BHATIA

JAGDISH CHANDER BHATIA versus LACHHMAN DAS BHATIA

The arbitrator did not misconduct himself as he was bound by the limited scope of the reference; refusal to enumerate documents outside this scope does not warrant setting aside the award. Court cannot reassess evidence or sit in appeal over the arbitrator's conclusions unless there is error apparent in law or beyond terms of reference.

Parties
Appellant/objector: Jagdish Chander Bhatia; Respondent: Lachhman Das Bhatia
Jurisdiction
India
Judgment Date
11 January 1993
Procedural Posture
Criminal Appeal / Appeal Disposed Of, Award Made Rule of Court
Outcome
Appeal disposed of, award made rule of Court.
Legal Topics
Misconduct by Arbitrator, Setting Aside Arbitration Awards, Assessment of Evidence in Arbitration
Arbitration Property Law Misconduct by Arbitrator Setting Aside Arbitration Awards Assessment of Evidence in Arbitration

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Parties

Jagdish Chander Bhatia

Appellant/objector

Lachhman Das Bhatia

Respondent

Procedural Posture

Criminal Appeal / Appeal Disposed Of, Award Made Rule of Court

Legal Issues

  1. 1 Whether non-consideration of all documents submitted amounts to misconduct by arbitrator
  2. 2 Whether court should interfere with arbitrator's award
  3. 3 Scope of court's jurisdiction under Section 30 of Arbitration Act, 1940

Ratio Decidendi

The arbitrator did not misconduct himself as he was bound by the limited scope of the reference; refusal to enumerate documents outside this scope does not warrant setting aside the award. Court cannot reassess evidence or sit in appeal over the arbitrator's conclusions unless there is error apparent in law or beyond terms of reference.

Court Disposition

Appeal disposed of, award made rule of Court.

Orders

  • Decree in terms of arbitrator's award to be drawn up in appeal proceedings arising out of Suit No. 434(78).
  • No order as to costs in present proceedings.