18 November 2021 | Narinder Singh and Sons v. Union of India | Civil Appeal No. 6734 of 2021 | Supreme Court of India | MR Shah and Sanjiv Khanna JJ | 2021 SCC OnLine SC 1082
The Supreme Court has applied Section 34(2) (a) (iii) ACA and Section 34(2)(b) (ii) ACA to uphold the appellate court’s reversal of the award. It agreed with the appellate court that the respondent Railways was unable to present its case and the arbitrator acted in “unnecessary haste and hurry.”
These were the observations of Sanjiv Khanna J authoring for the 2-judge bench:
The facts were that the claim and defence were exchanged quickly. The appellant’s witness was examined the same day his evidence was filed. Railways request for deferral of his cross examination was refused. Railways was directed to file the affidavit and produce its witness for cross-examination on the next date of hearing. When Railways requested for further time to file affidavit, an order was made subject to the payment of costs. Sine costs were not paid, the affidavit of evidence was not taken on record. Then the matter was posted for arguments and an ex parte award was made.
Parties agreed that the arbitrator may be appointed by the court, which it did and directed the proceedings to begin from the stage of respondent cross examining the claimant’s witness.
Read the judgment here.
Categories: Applicability of Code of Civil Procedure | Applicability of Evidence Act | Application for Setting Aside Arbitral Award | Determination of Rules of Procedure | Equal Treatment of Parties | Flexibility of Procedure | Inability to Present Case | Public Policy of India | Section 18 ACA | Section 19 ACA | Section 34 (2) (a) (iii) ACA | Section 34 ACA | Section 34(2)(b) (ii) ACA | Setting Aside Arbitral Award | Speedy Disposal