2018 (1) TMI 1763

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....dv., Ms. Jyoti Parasher, Adv., Mr. N.J. Ramchandar, Adv., Mr. R. Chandrachud, AOR For the Respondent : Mr. Anil Kumar Mishra, Adv., Mr. Parijat Sinha, AOR, Mr. Rudra Dutta, Adv. ORDER 1. Leave granted. 2. The challenge herein is to the Order of the High Court by which the Order of the learned trial Court dismissing the application under Section 34 of the Arbitration and Conciliation Ac....

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....Interference will be justified only in cases of commission of misconduct by the arbitrator which can find manifestation in different forms including exercise of legal perversity by the arbitrator. 4. In the present case, we have considered the award of the arbitrator and the order of the learned trial court refusing to set aside the same in exercise of jurisdiction under Section 34 of the Act. ....

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....f the Act, the High Court could have reappreciated the evidence to come to a contrary finding. The High Court was not sitting in appeal over the award of the arbitrator but it is the order passed under Section 34 of the Act, which was the subject matter of challenge before the High Court. The High Court seems to have missed the subtle difference between the two jurisdictions and thereby committed ....