STATE OF ANDHRA PRADESH & ANR. ETC. versus R.V. RAYANIM ETC. ETC.

STATE OF ANDHRA PRADESH & ANR. ETC. versus R.V. RAYANIM ETC. ETC.

A non-speaking award cannot be set aside merely because escalation of costs was considered, unless it is apparent on the face of the record that the arbitrator exceeded jurisdiction. The arbitrator did not expressly award any amount for escalation, so there is no error apparent or jurisdictional breach.

Parties
Petitioner: State of Andhra Pradesh; Respondent: R.V. Rayanim
Jurisdiction
India
Judgment Date
15 January 1990
Procedural Posture
Special Leave Petition (civil) / Judgment on SLP
Outcome
Petition dismissed
Legal Topics
Non Speaking Award, Error Apparent on the Face of Record, Arbitrator Exceeding Jurisdiction
Arbitration Non Speaking Award Error Apparent on the Face of Record Arbitrator Exceeding Jurisdiction

Case Brief

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Parties

State of Andhra Pradesh

Petitioner

R.V. Rayanim

Respondent

Procedural Posture

Special Leave Petition (civil) / Judgment on SLP

Legal Issues

  1. 1 Whether a non-speaking award is liable to be set aside for error apparent on the face of the record or arbitrator exceeding jurisdiction
  2. 2 Whether taking escalation of costs into account exceeds arbitrator's jurisdiction

Ratio Decidendi

A non-speaking award cannot be set aside merely because escalation of costs was considered, unless it is apparent on the face of the record that the arbitrator exceeded jurisdiction. The arbitrator did not expressly award any amount for escalation, so there is no error apparent or jurisdictional breach.

Court Disposition

Petition dismissed

Orders

  • Security furnished for withdrawal of awarded sum to be returned.