48. I am unable to agree as regards this argument. Parties are required to lead evidence on the questions which have been framed for determination by the learned Sole Arbitrator. Once the counter-claim was not an issue before the learned Sole Arbitrator, the petitioner could not be expected to lead evidence on the same and obviously there would be no evidence before the learned Sole Arbitrator in support of its counter claim.
50. For the foregoing reasons, the Arbitral Award dated 18.06.2010 is in conflict with the fundamental policy of Indian Law. In addition, the said Award suffers from violation of most basic notions of justice despite specific pleading, no issue of counter claim was framed by the learned Sole Arbitrator. Since there was no issue, the petitioner did not lead any evidence. Hence, the petitioner was clearly deprived of the adjudication of its claim and the same shocks the conscience of the Court. Accordingly, the petition is allowed and the Arbitral Award dated 18.06.2010 is set aside.”
— Team AMLEGALS
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