M/S ALPINE HOUSING DEVELOPMENT CORPORATION PVT. LTD. versus ASHOK S DHARIWAL AND OTHERS

M/S ALPINE HOUSING DEVELOPMENT CORPORATION PVT. LTD. versus ASHOK S DHARIWAL AND OTHERS

Where arbitration proceedings and the award pre-dated the 2019 amendment, the pre-amendment s.34(2)(a) (requiring the applicant to 'furnish proof') applies; summary s.34 proceedings ordinarily proceed on the arbitral record but in exceptional cases matters not in the arbitral record that are relevant to s.34(2)(a) may be placed before the court by affidavits of both parties (with cross-examination allowed only if absolutely necessary); a challenge under s.34(2)(b) (public policy/non-arbitrability) can be raised in a Section 34 proceeding and need not await execution; on the facts a strong exceptional case was made out to permit additional evidence, and the High Court did not err in so...

Parties
Appellant: M/S Alpine Housing Development Corporation Pvt. Ltd.; Respondents: Ashok S. Dhariwal and Others
Jurisdiction
India
Judgment Date
19 January 2023
Procedural Posture
Civil Appeal / On Appeal From High Court Order Permitting Additional Evidence in Proceedings Under Section 34 of the Arbitration & Conciliation Act, 1996
Outcome
Appeal dismissed
Legal Topics
Section 34(2)(a) Pre Amendment, Section 34(2)(b), 2019 Amendment (act 33/2019), Admissibility of Additional Evidence in S.34 Proceedings, Execution Vs. Setting Aside Awards
Arbitration Evidence Civil Procedure Public Policy Section 34(2)(a) Pre Amendment Section 34(2)(b) 2019 Amendment (act 33/2019) Admissibility of Additional Evidence in S.34 Proceedings +1 more

Case Brief

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Parties

M/S Alpine Housing Development Corporation Pvt. Ltd.

Appellant

Ashok S. Dhariwal and Others

Respondents

Procedural Posture

Civil Appeal / On Appeal From High Court Order Permitting Additional Evidence in Proceedings Under Section 34 of the Arbitration & Conciliation Act, 1996

Legal Issues

  1. 1 Whether an applicant can be permitted to adduce evidence to support a public policy ground in an application under Section 34 of the Arbitration & Conciliation Act, 1996
  2. 2 Whether pre-2019 amendment s.34(2)(a) or post-amendment provision applies where arbitration and award pre-dated Act 33/2019
  3. 3 Whether a challenge under s.34(2)(b) (award in conflict with public policy / non-arbitrability) must await execution proceedings

Ratio Decidendi

Where arbitration proceedings and the award pre-dated the 2019 amendment, the pre-amendment s.34(2)(a) (requiring the applicant to 'furnish proof') applies; summary s.34 proceedings ordinarily proceed on the arbitral record but in exceptional cases matters not in the arbitral record that are relevant to s.34(2)(a) may be placed before the court by affidavits of both parties (with cross-examination allowed only if absolutely necessary); a challenge under s.34(2)(b) (public policy/non-arbitrability) can be raised in a Section 34 proceeding and need not await execution; on the facts a strong exceptional case was made out to permit additional evidence, and the High Court did not err in so...

Court Disposition

Appeal dismissed

Orders

  • High Court order permitting respondents to file affidavits and adduce additional evidence in the Section 34 proceedings is upheld
  • Appellant permitted to cross-examine and lead contrary evidence, including evidence regarding clubbing of khatas and the corporation's endorsement dated 28.6.2004