ENGINEERS INDIA LTD Vs. SHYAM SUNDER AGARWAL
LAWS(ORI)-2022-4-92
HIGH COURT OF ORISSA
Decided on April 05,2022

Engineers India Ltd Appellant
VERSUS
Shyam Sunder Agarwal Respondents




JUDGEMENT

ARINDAM SINHA, J. - (1.)Impugned in this appeal is judgment dtd. 22/6/2011, whereby the Court below rejected petition of appellant made under Sec. 30 and 33 of Arbitration Act, 1940, for setting aside award dtd. 29/8/2008.
(2.)Mr. Mishra, learned senior advocate appears on behalf of appellant and submits, the arbitrator travelled beyond his jurisdiction in making the award. That can be looked into under sec. 30. He relies on three decisions of the Supreme Court.
(i) Associated Engineers Co. v. Government of Andhra Pradesh reported in (1991) 4 SCC 93, paragraphs 24 to 29. Paragraph 29 is reproduced below.

"The umpire, in our view, acted unreasonably, irrationally and capriciously in ignoring the limits and the clear provisions of the contract. In awarding claims which are totally opposed to the provisions of the contract to which he made specific reference in allowing them, he has misdirected and misconducted himself by manifestly disregarding the limits of his jurisdiction and the bounds of the contract from which he derived his authority thereby acting ultra fines compromissi."

(ii) T.N. Electricity Board v. Bridge Tunnel Constructions reported in (1997) 4 SCC 121, paragraphs 24 and 41.

(iii) Rajasthan State Engineering Enterprises v. Eastern Engineering Enterprises reported in (1999) 9 SCC 283, paragraphs 44 to 47.

(3.)Relying on above decisions he submits, in matters of challenge to the award there are two distinct or different grounds. First is error apparent on face of the record and the other that the arbitrator has exceeded his jurisdiction. He submits, in this case the arbitrator exceeded his jurisdiction.


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