01 June 2021, Tuesday

5 months ago

1. Revaluation of evidence not permissible even if the court has a different view (Delhi High Court)

01 June 2021 | Indraprastha Gas Limited (IGL) v. M/s Pawan Casting | Vibhu Bakhru J | 2021 SCC OnLine Del 3050


The parties had some dispute concerning an agreement for the supply of piped natural gas. IGL initiated arbitration on claims that the respondent stole gas from the IGL’s pipeline. The arbitrator rejected the claims.

It was argued in the set-aside application that the finding was perverse and based on assumptions. Bakhru J disagreed. He reproduced the reasons “as articulated by the Arbitral Tribunal” and said it was evident that IGL had failed to prove its case. He also briefly discussed IGL’s main arguments revolving around the photographic evidence and found it impossible to say that the tribunal’s finding on those photos was incorrect.

Bakhru J concluded that perhaps on reappreciation, “this Court may not have concurred with the decision of the Arbitral Tribunal”, but it is well settled that an examination under Section 34 ACA does not entail revaluation of evidence like an appellate court.

Access the court’s decision here.

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