STATE OF ORISSA & ORS. versus LALL BROTHERS

STATE OF ORISSA & ORS. versus LALL BROTHERS

An unreasoned lump sum award is not liable to be set aside under the Arbitration Act, 1940, unless there is misconduct or error of law apparent on the face of the award. In this case, no such error or misconduct was found; therefore, the award stands.

Parties
Petitioner: State of Orissa; Respondent: Lall Brothers
Jurisdiction
India
Judgment Date
25 August 1988
Procedural Posture
Special Leave Petition (civil) / Supreme Court Final Disposition
Outcome
Special Leave Petition dismissed.
Legal Topics
Unreasoned Award, Lump Sum Award, Interest Award, Jurisdiction of Arbitrator, Setting Aside Arbitration Award
Arbitration Unreasoned Award Lump Sum Award Interest Award Jurisdiction of Arbitrator Setting Aside Arbitration Award

Case Brief

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Parties

State of Orissa

Petitioner

Lall Brothers

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Final Disposition

Legal Issues

  1. 1 Whether an unreasoned award or lump sum award is liable to be set aside under the Arbitration Act, 1940
  2. 2 Whether the arbitrator had misconducted himself
  3. 3 Whether interest could be awarded

Ratio Decidendi

An unreasoned lump sum award is not liable to be set aside under the Arbitration Act, 1940, unless there is misconduct or error of law apparent on the face of the award. In this case, no such error or misconduct was found; therefore, the award stands.

Court Disposition

Special Leave Petition dismissed.

Orders

  • Petition dismissed.