South Eastern Coalfields Limited vs M/S M. K. Chaterjee on 7 April, 2026

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    Chattisgarh High Court

    South Eastern Coalfields Limited vs M/S M. K. Chaterjee on 7 April, 2026

    Author: Rajani Dubey

    Bench: Rajani Dubey

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                                                    2026:CGHC:15708-DB
    
    
    
    
      The date when The date when       The date when the
     the judgment is the judgment is judgment is uploaded on
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        23.02.2026        07.04.2026           --         07.04.2026
    
    
    
                                                                NAFR
    
    
            HIGH COURT OF CHHATTISGARH, BILASPUR
    
    
    
                          ARBA No. 27 of 2018
    
    1 - South Eastern Coalfields Limited, A Company Duly
    Incorporated Under The Indian Companies Act, 1956, Having Its
    Office At Seepath Road Bilaspur, District Bilaspur (C.G.)
    
    2 - The Chairman Cum Managing Director , SECL, Seepath Road
    Bilaspur, District : Bilaspur, Chhattisgarh.
    
    3 - The General Manager, SECL, Chirmiri Area, G. M. Complex
    Post Office West Chirmiri, District Korea, Chhattisgarh.
                                                         ... Appellants
    
                                 versus
    
    1 - M/s M. K. Chaterjee, A Partnership Firm Duly Registered
    Under The Indian Partnership Act, 1932 Having Its Office At
    Rajendrapath Post Office Ramgarh Cantt, District Hazaribagh
    (Bihar) Having Its Camp Office At Chirmiri, District Korea
    Chhattisgarh.
                                                 ... Respondent
                                     2
    
    For Appellants     : Mr. H.B. Agrawal, Sr. Advocate with Mr.
                         Vinod Deshmukh, Advocate.
    For Respondent     : Mr. Sharmila Singhai, Sr. Advocate with
                         Mr. Kanchan Kalwani, Advocate.
    
    
             D.B. : Hon'ble Smt. Justice Rajani Dubey &
             Hon'ble Shri Justice Radhakishan Agrawal
    
                              (CAV Order)
    
    
    Per Rajani Dubey, J
    
    
    

    1. The Appellants – S.E.C.L. authority filed this arbitration

    appeal under Section 37 of the Arbitration and Conciliation

    SPONSORED

    Act, 1966 (for short ‘the Arbitration Act‘) read with Section

    13 of the Commercial Courts, Commercial Court Act, 2015

    (for short ‘the Commercial Act‘) against order dated

    06.02.2018 passed by the learned Commercial Court

    (District Level), Naya Raipur (C.G.) in M.J.C. No.09/2017,

    whereby the application preferred by the appellants herein

    under Section 34 against the arbitral award dated

    05.02.2017 passed by the learned Sole Arbitrator, was

    dismissed holding it to be not against the public policy of

    India.

    2. Brief facts of the case are that the Appellants and the

    respondent-company entered into a contract on 09.11.1990

    for construction of 250 units of miners’ quarters (D/S),

    including development work at Khurasia Colliery in the
    3

    Chirmiri Area of SECL (Chhattisgarh), vide Agreement No.

    CE(C)/BSP/AGT/2/153.

    3. Prior to execution of the agreement, the Chief Engineer of

    the appellants (SECL) issued a provisional letter of

    acceptance dated 28.02.1990. Subsequently, the Additional

    Chief Engineer issued a work order dated 31.03.1990,

    requiring the contractor to deposit an additional sum of Rs.

    66,227/- (Rs. Sixty Six Thousand Two Hundred Twenty-

    Seven only) towards 1% security deposit, making a total

    initial security deposit of Rs. 1,66,227/-. It was further

    stipulated that 5% of the gross value of running account bills

    would be deducted towards security deposit, aggregating to

    Rs. 8,31,137/- (Rs. Eight Lakh Thirty One Thousand One

    Hundred Thirty-Seven only).

    4. The stipulated period for completion of the work was 18

    months, to be reckoned from the 10th day of issuance of the

    letter of intent or from the actual date of handing over of the

    site, whichever was later. The arrangement of cement was

    primarily the responsibility of the contractor; however, the

    appellants could supply cement subject to availability, with

    the cost to be recovered as per the rates specified in the

    schedule. Electricity was to be supplied at a single point,

    and the cost of consumption was to be recovered at the

    rates prescribed by SECL from time to time.
    4

    5. The respondent sought extension of time on multiple

    occasions. Initially, by letter dated 11.06.1992, the

    appellants granted extension up to 28.06.1992. Thereafter,

    the respondent applied for further extension up to

    31.12.1992 vide letter dated 30.08.1992. Subsequently, the

    respondent further sought for extension of time upto

    30.09.1993 and 30.09.1994, which was further granted by

    the appellants.

    6. During the subsistence of the contract, the disputes arose

    between the parties in relation to the said contract. The

    respondent invoked the arbitration clause as stipulated in

    the Contract; however, the appellants failed to appoint an

    Arbitrator. Consequently, the respondent filed an application

    under Section 11(6) of the Act, 1996 before this Court,

    pursuant to which a Sole Arbitrator was appointed.

    Thereafter, the learned Sole Arbitrator after having

    considered the material facts, documentary as well as oral

    evidence of the parties, passed the arbitral award on

    05.02.2017 holding that the respondent is entitled for

    retention amount and also for refund of security deposit &

    bank guarantee. The order dated 05.02.2017 passed by the

    Sole Arbitrator was subjected to challenge before the

    Commercial Court, Naya Raipur (C.G.) being M.J.C.

    No.09/2017 and the learned Commercial Court, vide
    5

    impugned order dated 16.02.2018 dismissed the application

    of the appellants on the ground that the order passed by the

    learned Sole Arbitrator is not against the public policy of

    India. Hence, this arbitration appeal.

    7. Mr. H.B. Agrawal, learned Sr. counsel for the appellants

    referring to the decision of Hon’ble Apex Court in the matter

    of Steel Authority of India Ltd. Vs. J.C. Budharaja,

    Government and Mining Contractor (1998 (8) SCC 122),

    wherein the Hon’ble Apex Court held that reference of

    dispute to arbitration must be sought within 03 years from

    the date when the cause of action arose, submits that the

    respondent’s claim is barred by limitation as the same has

    been referred after 03 years from the date of cause of action

    arose. Learned Sr. counsel further submits that the learned

    Commercial Court did not consider clause 5.0 of the

    agreement, which provides for retention of amount by the

    applicants till the defects are made good by the contractor

    and under this provision the amounts have been retained

    which are justified from various communications made by

    the appellants herein with regard to the delay in execution of

    the work as also the defects in the work executed including

    the communication dated 16.10.1991, 19.09.1991,

    13.06.1991 and 01.02.1991 etc, thus, the learned Arbitrator

    went beyond the four corners of the agreement as well as
    6

    the documents brought on record and therefore, the award

    is against the public policy of India. Learned Sr. counsel

    also submits that the learned Commercial Court did not

    consider clause 17, which specifically provides that unless

    the entire work under the contract is completed and certified

    by the Engineer In-charge subject to the conditions

    mentioned therein. The first condition being if any defects in

    the work is detected after issue of completion certificate or

    the same is rectified to the satisfaction of the Engineer In-

    charge within a period of six months and it is proved by the

    contractor to the complete satisfaction of the Engineer-in-

    Charge that the site is completely watertight and only after

    such defects are cured the security deposit could be

    refunded. However, in the instant case, no such completion

    certificate has been produced by the respondent herein so

    as to entitle him for refund of security deposit. Learned

    counsel also submits that admittedly the entire work has not

    been completed by the contractor and therefore, the learned

    Sole Arbitrator has travelled beyond the scope of contract

    rendering the award with regard to the instant claim as

    against the public policy of India.

    8. Learned Sr. counsel also contended that the Arbitrator

    himself has categorically come to a finding that from the

    contentions mentioned under the contract it was the
    7

    claimant’s responsibility for procurement of cement and

    steel and also come to a conclusion that the special terms

    and conditions does not provide for any clause for payment

    of escalation for price increase of cement, further, although

    has come to a conclusion that escalation in respect of steel

    is to be allowed only to the extent of statutory increase and

    without there been any documents in support thereof has

    come to a perverse finding that the claimant is entitled for

    escalation. Learned Sr. counsel further submits that a

    specific clause which bars payments of any loss of profit

    has been inserted under the contract, the learned sole

    arbitrator ignoring the same has passed the award which

    renders the same against the public policy of India and also

    the contract, therefore, the same deserves to be set aside.

    Learned Sr. counsel also submits that it is well settled that

    for claiming loss of profit, the claimant has to specifically

    assert the loss occasioned to them with proof of the same

    and also has to prove the breach of contract by other party

    but in the present case, the Contractor could not complete

    the entire work stipulated under the contract in time and

    therefore, he was himself liable for breach of the contract

    and no claim whatsoever for loss of profit should have been

    entertained by the Arbitrator. On various occasions the

    appellants had directed the respondent contractor to
    8

    accelerate the progress of work and also categorically

    stated that the entire side had been handed over to them

    since 18.03.1990. However, all these communications made

    by the Government servants which forms part of the arbitral

    proceedings has been completely ignored by the learned

    Sole Arbitrator and therefore, the award of the Arbitrator is

    liable to be set-aside on this short score alone. It has been

    further contended that the learned Trial Court miserably

    failed to appreciate the relevant provisions incorporated

    under the contract in its right perspective and thus have

    come to an erroneous finding that the award passed by the

    learned Arbitrator is in accordance with law. So, the

    impugned order and the award are liable to be set aside.

    9. Alternate submission of learned Sr. counsel is that payment

    of interest @ 9 % from 08.03.1996 to 04.02.2017 on

    Rs.14,54,692/- as directed in clause (v) of para 118 of the

    arbitral award may be modified to the extent of 6% from

    08.03.1996 to 04.02.2017 on Rs.14,54,692/-, in the interest

    of justice.

    In support of his submission, learned Sr. counsel

    placed reliance on the decisions of Hon’ble Apex Court in

    the matter of J.G. Engineers Private Limited Vs. Union of

    India and Another reported in (2011) 5 SCC 758,

    Associate Builders Vs. Delhi Development Authority
    9

    reported in (2015) 3 SCC 49 and Sri Chittaranjan Maity

    Vs. Union of India reported in (2017) 9 SCC 611.

    10. Ms. Sharmila Singhai, learned Sr. counsel appearing for

    respondent submits that genesis of this dispute traces back

    to the year 1996, and the appellant despite having

    acknowledged their liability, failed to discharge their

    contractual obligation. Learned Sr. counsel submits that a

    notice dated 27.07.1996 was issued by the respondent

    which gave rise to proceedings under Section 11(6) of the

    Arbitration Act, and this High Court referred the matter to

    arbitration and the arbitral proceedings too were delayed

    solely because of the appellants’ repeated adjournments

    and non co-operation & finally the learned Sole Arbitrator

    passed a reasoned award dated 05.02.2017 in favour of the

    respondent directing payment of the legitimate amount due

    along with applicable interest but the appellants without any

    ground filed the application under Section 34 of the

    Arbitration and Conciliation Act on 03.07.2017 long after the

    statutory period of limitation had expired, which was

    registered as MJC No.09/2017 & the learned Commercial

    Court vide order dated 06.02.2018 affirming the arbitral

    award, and again after long delay, the present appeal was

    filed on 09.09.2018 well beyond the statutory period which

    shows the deliberate intention to frustrate the respondent’s
    10

    right to enjoy the fruits of the award. Learned Sr. counsel

    also submits that the partner of the respondent firm namely

    B.N. Chatterjee has since expired during the pendency of

    arbitral proceedings, and the old aged surviving partner

    continues to suffer from serious ailment and age related

    health issues. The respondent has been subjected to

    mental agony and financial distress for nearly three decades

    while the appellants have been unlawfully enjoying the

    award amount. Learned Sr. counsel further contended that

    the appellant No.1 being the Government of India

    undertaking and therefore a ‘State’ under Article 12 of the

    Constitution of India is expected to act as a model litigant

    but the appellants have chosen to prolong litigation

    unnecessarily contrary to settle principles of fair conduct

    expected of public authority. It has been also contended that

    under the settled proposition of law, a money decree cannot

    be stayed. The consequential relief of the impugned award

    is the affirmation of the award, which is already prevailing

    partially in favour of the respondent. However, the benefits

    of the award have been withheld voluntarily by preferring

    the present appeal without paying the awarded amount to

    the claimant, who is a senior citizen. The learned sole

    Arbitrator considering terms of contract and after

    appreciating oral and documentary evidence passed the
    11

    award dated 05.02.2017 and the learned Commercial Court

    also by the impugned order dated 06.02.2018 rightly

    dismissed the application of appellants but without any valid

    ground the appellants filed this appeal. The appellants have

    failed to demonstrate any good ground under Section 34 of

    the Arbitration and Conciliation Act. So, the appeal being

    without any merit is liable to be dismissed.

    In support of her submission, learned Sr. counsel

    placed reliance on the decisions of Hon’ble Apex Court in

    the matter of Swan Gold Mining Limited Vs. Hindustan

    Copper Limited reported in (2015) 5 SCC 739, Ravindra

    Kumar Gupta and Company Vs. Union of India reported

    in (2010) 1 SCC 409, Delhi Airport Metro Express

    Private Limited Vs. Delhi Metro Rail Corporation Limited

    reported in (2022) 1 SCC 131, Associate Builders Vs.

    Delhi Development Authority reported in (2015) 3 SCC

    49, Ispat Engineering & Foundry Works Vs. Steel

    Authority of India Limited reported in (2001) 6 SCC 347

    and Union of India and Another Vs. L.K. Ahuja and Co.

    reported in (1988) 3 SCC 76.

    11. We have heard learned counsel for the parties and perused

    the material available on record.

    12. It is clear from the record of the learned Trial Court that

    appellant/SECL authorities and respondent company had
    12

    entered into an contract for construction of 250 units of

    miner’s quarters (D/S) including development work at

    Khurasia colliery, in Chirmiri area of SECL (Chhattisgarh) on

    09.11.1990 vide agreement No.CE(C)/BSP/AGT/2/153. It is

    not disputed that vide letter dated 28.02.1990, the Chief

    Engineer of the appellants’ company issued provisional

    letter of acceptance and on 31.03.1990 the work order was

    issued by the Additional Chief Engineer stating that the

    contract is required to deposit a further sum of Rs.66,227/-

    being 1% as security deposit aggregating Rs.1,66,227/- and

    5% of the gross amount would be recovered from the

    running account bills to form total security deposit of

    Rs.8,31,137/-. It is also not disputed that dispute arose

    between the parties with regard to subject contract. The

    respondent/contractor invoked the arbitration clause but the

    appellants did not appoint an arbitrator and

    respondent/company filed an application under Section

    11(6) of the Arbitration Act before this Court and order had

    been passed by this Court appointing the Sole Arbitration to

    adjudicate the dispute and the learned Sole Arbitrator

    passed the arbitral award dated 05.02.2017, against which

    the appellant/SECL company filed an application under

    Section 34 of the Arbitration Act before the learned

    Commercial Court and the learned Commercial Court, vide
    13

    order dated 06.02.2018 dismissed the application filed by

    the Appellant/SECL Company.

    13. The learned Commercial Court, in para 3, framed point for

    consideration, which reads thus :-

    “Whether the Arbitral Award in conflict with
    the public policy of India ?”

    14. At the outset, it is well settled that the scope of interference

    under Section 34 and Section 37 of the Arbitration Act is

    extremely limited. The Court does not sit in appeal over the

    findings of the learned Arbitrator and cannot re-appreciate

    evidence or substitute its own interpretation merely because

    another view is possible. Interference is permissible only

    when the award is vitiated by patent illegality, perversity, or

    is in conflict with the fundamental policy of Indian law or the

    most basic notions of justice or morality.

    15. In the present case, it is clear from the record that the

    learned Sole Arbitrator has minutely examined the entire

    material available on record, including oral and

    documentary evidence, and has rendered a reasoned

    award. The learned Commercial Court rightly finds that the

    cause of action arose on 30.06.1994 i.e. extended period of

    contract and respondent invoked arbitration clause on

    27.07.1996 within three years from the date when cause of

    action arose. The learned Commercial Court also
    14

    considered all the arguments advanced by both the parties

    and finds that the learned Arbitrator did not ignore the

    vital/substantial evidence led by the parties. The learned

    Sole Arbitrator minutely appreciated the oral and

    documentary evidence & decided the every claim as per the

    evidence and entitlement of the respondent company. The

    learned Arbitrator, in para 116 of the arbitral award dated

    05.02.2017, out of 16 claims, has allowed 6 claims. There is

    nothing on record to demonstrate that the learned Arbitrator

    has ignored vital evidence, taken into account irrelevant

    material, or rendered findings which are so arbitrary or

    irrational that no reasonable person would arrive at such

    conclusions. On the contrary, the award reflects a plausible

    and reasoned view based on the material before the

    Arbitrator.

    16. It is also clear from the application of the appellants/SECL

    authorities filed before the learned Commercial Court under

    Section 34 and this appeal under Section 37 of the

    Arbitration Act that no any valid ground raised by the

    appellants which provides under Sections 34 and 37 of the

    Arbitration Act.

    17. The Hon’ble Apex Court in Associate Builders (supra)

    held that when any of the heads/sub-heads of test of “public

    policy” is applied to an arbitral award, court does not act as
    15

    court of appeal. Interference is permissible only when

    findings of arbitrator are arbitrary, capricious or perverse, or

    when conscience of court is shocked, or when illegality is

    not trivial but goes to root of the matter, not when merely

    another view is possible. Furthermore, arbitrator being

    ultimate master of quantity and quality of evidence while

    drawing arbitral award, award based on little evidence or on

    evidence which does not measure up in quality to a trained

    legal mind cannot be held invalid. Once it is found that

    arbitrator’s approach is neither arbitrary nor capricious, no

    interference is called for on facts.

    18. In Swan (supra), Hon’ble Apex Court held in para 11 to 19

    as under :-

    “11. Section 34 of the Arbitration and
    Conciliation Act, 1996 corresponds to Section 30
    of the Arbitration Act, 1940 making a provision for
    setting aside the arbitral award. In terms of sub-
    section (2) of Section 34 of the Act, an arbitral
    award may be set aside only if one of the
    conditions specified therein is satisfied. The
    arbitrator’s decision is generally considered
    binding between the parties and therefore, the
    power of the court to set aside the award would
    be exercised only in cases where the court finds
    that the arbitral award is on the fact of it
    erroneous or patently illegal or in contravention of
    the provisions of the Act. It is a well-settled
    proposition that the court shall not ordinarily
    16

    substitute its interpretation for that of the
    arbitrator. Similarly, when the parties have arrived
    at a concluded contract and acted on the basis of
    those terms and conditions of the contract then
    substituting new terms in the contract by the
    arbitrator or by the court would be erroneous or
    illegal.

    12. It is equally well settled that the arbitrator
    appointed by the parties is the final judge of the
    facts. The finding of facts recorded by him cannot
    be interfered with on the ground that the terms of
    the contract were not correctly interpreted by
    him.

    13. We have gone through the facts of the case
    and perused the documents on the basis of
    which the arbitrator gave the award on 24-7-
    2009.

    14. The respondent issued a notice inviting
    tender (NIT) for the operation of its mine.
    Clauses 4.9.1 to 4.9.5 of NIT are extracted
    hereinbelow:

    “4.9.1. The rates quoted by the successful
    bidder shall be deemed to be (inclusive) of
    the sales taxes, other taxes and service tax
    that the successful bidder will have to pay
    in India and abroad for the performance of
    this contract. HCL will perform such duty
    regarding the deduction of such taxes at
    source as per applicable laws.

    4.9.2. The successful bidder shall also be
    responsible to bear and pay any taxes,
    cess, fees and/or duties levied including but
    17

    not limited to interest, penalty and/or fine
    Imposed by any authorities including
    revenue authorities in India and/or abroad
    at any time even beyond the expiry of the
    contract period with respect of the work to
    be performed by the successful bidder in
    accordance with the contract.

    4.9.3. The successful bidder shall also be
    responsible for filing income tax return
    and/or complying with necessary procedure
    and/or formalities as required or may be
    required under the fiscal laws of India
    and/or abroad in respect of the work to be
    performed by the successful bidder in
    accordance with the contract.

    4.9.4. Corporate tax and/or income tax, if
    any applicable/levied in India and/or abroad
    on the successful bidder and/or its
    personnel and/or on the sub-contractors
    engaged by the successful bidder and/or
    the personnel of such sub-contractors in
    respect of this contract will be the
    responsibility of the successful bidder. All
    the necessary return and other formalities
    will be the responsibility of successful
    bidder.

    4.9.5. All the other statutory levies including
    but not limited to custom duties/excise
    duties, sales taxes, works contract and
    other levies of whatsoever nature payable
    in accordance with the law of India,
    levied/leviable on the successful bidder
    18

    and/or its sub -contractors in respect of
    performance of this contract shall be the
    responsibility of the successful bidder or
    any of its sub-contractors.”

    15. The appellant in response to NIT submitted
    its technical and financial bids. Subsequent to the
    submission of the technical bid and the price bid,
    the parties entered into negotiation and thereafter
    a letter of intent on the terms and conditions of
    NIT and the other terms agreed during
    subsequent negotiations was issued. In the said
    letter of intent dated 3-3-2007, it was specifically
    mentioned that the execution of work shall be on
    the terms of notice inviting tender (NIT) and other
    agreed discussions/negotiations subsequently
    held between the parties. Finally the work order
    was issued on 14-4-2007 in continuation with the
    letter of intent dated 3-3-2007. The relevant
    portion of the work order is extracted
    hereinbelow:

    “WORK ORDER
    Sub: Reopening and operating of Surda Mine
    and Mosabani Concentrator Plant at Indian
    Copper Complex, Ghatsila
    Dear Sir,
    With reference to the above subject,
    Hindustan Copper Limited is please to issue work
    order in continuation with Lol dated 3-3-2007 to
    re-commission, operate and maintain Surda Mine
    and Mosabani Concentrator Plant to supply and
    deliver copper concentrate at rates Rs
    1,53,470.00 per tonne of metal in concentrate
    (excluding royalty) to Maubhandar work of Indian
    Copper Complex, produced from the operations
    19

    of these units.

    This work shall be governed by the terms
    and conditions of the expressions of interest of
    dated 21-9-2006, Notice Inviting Tender No.
    HC/HO/GM (MBS)/SURDA dated 11-12-2006
    and the other agreed during subsequent
    discussions/negotiations, and the final offer.”

    (emphasis supplied)”

    16. In the course of hearing, Mr P.P. Rao,
    learned Senior Counsel appearing for the
    respondent produced before us a xerox copy of
    the work order dated 14-4-2007. Clause 4.9.1
    quoted hereinabove specifically mentions therein
    that the rate quoted by the appellant was
    inclusive of sales tax, service tax and other
    taxes. The representative of the appellant signed
    the work order on each page (20 pages) and
    acknowledged and admitted the terms and
    conditions for the said work.

    17. From the facts mentioned hereinabove, it is
    evident that the appellant has accepted the
    liability of payment of excise duty, sales tax,
    service tax and other taxes and hence it cannot
    be held that Clause 4.9.1 of the work order is
    inconsistent with the terms and conditions of the
    contract documents. The learned arbitrator has
    gone in detail of the dispute raised by the
    appellant and rightly came to the conclusion that
    the responsibility on the appellant is to abide by
    the terms and conditions of the work order. We
    have also gone through the order passed by the
    High Court. The Court rightly came to the
    conclusion that there is no patent illegality in the
    award passed by the arbitrator which needs
    20

    interference under Section 34 of the Act.

    18. Mr Sharan, learned Senior Counsel
    appearing for the appellant, also challenged the
    arbitral award on the ground that the same is in
    conflict with the public policy of India. We do not
    find any substance in the said submission. This
    Court, in ONGC Ltd., observed that the term
    “public policy of India” is required to be
    interpreted in the context of jurisdiction of the
    court where the validity of award is challenged
    before it becomes final and executable. The
    Court held that an award can be set aside if it is
    contrary to the fundamental policy of Indian law
    or the interest of India, or if there is patent
    illegality. In our view, the sald decision will not in
    any way come into rescue of the appellant. As
    noticed above, the parties have entered into
    concluded contract, agreeing terms and
    conditions of the said contract, which was finally
    acted upon. In such a case, the parties to the
    said contract cannot back out and challenge the
    award on the ground that the same is against the
    public policy. Even assuming the ground
    available to the appellant, the award cannot be
    set aside because it is not contrary to the
    fundamental policy of Indian law or against the
    interest of India or on the ground of patent
    illegality.

    19. The words “public policy” or “opposed to
    public policy”, find reference in Section 23 of the
    Contract Act and also Section 34(2)(b)(ii) of the
    Arbitration and Conciliation Act, 1996. As stated
    21

    above, the interpretation of the contract is matter
    of the arbitrator, who is a Judge chosen by the
    parties to determine and decide the dispute. The
    Court is precluded from reappreciating the
    evidence and to arrive at different conclusion by
    holding that the arbitral award is against the
    public policy.”

    19. In Delhi Airport (supra), the Hon’ble Apex Court held in

    para 22 to 28 as under :-

    “Contours of the Court’s power to review
    arbitral awards.

    22. The 1996 Act was enacted to consolidate and
    amend the law felating to domestic arbitration,
    international commercial arbitration and
    enforcement of foreign arbitral awards and also
    to define the law relating to conciliation and for
    matters connected therewith, by taking into
    account the United Nations Commission on
    International Trade Law (“UNCITRAL”) Model
    Law on International Commercial Arbitration and
    the UNCITRAL Conciliation Rules. One of the
    principal objectives of the 1996 Act is to minimise
    the supervisory role of Courts in the arbitral
    process. With respect to Part I of the 1996 Act,
    Section 5 imposes a bar on Intervention by a
    judicial authority except where provided for,
    notwithstanding anything contained in any other
    law for the time being in force. An application for
    setting aside an arbitral award can only be made
    in accordance with provisions of Section 34 of
    22

    the 1996 Act.

    23. Relevant provisions of Section 34 [as they
    were prior to the Arbitration and Conciliation
    (Amendment) Act, 2015
    ] read as under:

    “34. Application for setting aside arbitral award.-
    (1) Recourse to a Court against an arbitral award
    may be made only by an application for setting
    aside such award in accordance with sub-section
    (2) and sub-section (3).

    (2) An arbitral award may be set aside by the
    Court only if-(a) the party making the application
    furnishes proof that-

    (i) a party was under some incapacity; or

    (ii) the arbitration agreement is not valid under
    the law to which the parties have subjected it or,
    failing any indication thereon, under the law for
    the time being in force; or

    (iii) the party making the application was not
    given proper notice of the appointment of an
    arbitrator or of the arbitral proceedings or was
    otherwise unable to present his case; or

    (iv) the arbitral award deals with a dispute not
    contemplated by or not falling within the terms of
    the submission to arbitration, or it contains
    decisions on matters beyond the scope of the
    submission to arbitration:

    Provided that, if the decisions on matters
    submitted to arbitration can be separated from
    those not so submitted, only that part of the
    arbitral award which contains decisions on
    matters not submitted to arbitration may be set
    aside; or
    23

    (v) the composition of the Arbitral Tribunal or the
    arbitral procedure was not in accordance with the
    agreement of the parties, unless such agreement
    was in conflict with a provision of this Part from
    which the parties cannot derogate, or, failing
    such agreement, was not in accordance with this
    Part; or

    (b) the Court finds that-

    (1) the subject-matter of the dispute is not
    capable of settlement by arbitration under the law
    for the time being in force, or
    (//) the arbitral award is in conflict with the public
    policy of India.

    Explanation.-Without prejudice to the generality
    of sub-clause (ii), it is hereby declared, for the
    avoidance of any doubt, that an award is in
    conflict with the public policy of India if the
    making of the award was induced or affected by
    fraud or corruption or was in violation of Section
    75 or Section 81.”

    24. An amendment was made to Section 34 of
    the 1996 Act by the Arbitration and
    Concillation (Amendment) Act, 2015

    (hereinafter “the 2015 Amendment Act”). A
    perusal of the Statement of Objects and
    Reasons of the 2015 Amendment Act would
    disclose that the amendment to the 1996 Act
    became necessary in view of the interpretation
    of the provisions of the 1996 Act by Courts in
    certain cases which had resulted in delav of
    disposal of arbitration proceedings and
    increase in interference by Courts in
    24

    arbitration matters, which had the tendency to
    defeat the object of the 1996 Act. Initially, the
    matter was referred to the Law Commission of
    India to review the shortcomings in the 1996
    Act in detail. The Law Commission of India
    submitted its 176th Report, recommending
    various amendments to the 1996 Act.

    However, the Justice Saraf Committee on
    Arbitration constituted by the Government,
    was of the view that the proposed
    amendments gave room for substantial
    intervention by the court and were also
    contentious. Thereafter, on reference, the Law
    Commission undertook a comprehensive
    study of the amendments proposed by the
    Government, keeping in mind the views of the
    Justice Saraf Committee and other
    stakeholders. The 246th Report of the Law
    Commission was submitted on 5-8-2014.
    Acting on the recommendations made by the
    Law Commission in its 246th Report,
    amendments by way of the 2015 Amendment
    Act were made to several provisions of the
    1996 Act, including Section 34.

    25. The amended Section 34 reads as under:

    “34. Application for setting aside arbitral
    award.-(1) Recourse to a Court against an
    arbitral award may be made only by an
    application for setting aside such award in
    accordance with sub-section (2) and sub-
    section (3).

    (2) An arbitral award may be set aside by the
    25

    Court only if-

    (a) the party making the application furnishes
    proof that-

    (i) a party was under some incapacity, or

    (ii) the arbitration agreement is not valid
    under the law to which the parties have
    subjected it or, failing any indication
    thereon, under the law for the time being
    in force; or

    (iii) the party making the application was
    not given proper notice of the
    appointment of an arbitrator or of the
    arbitral proceedings or was otherwise
    unable to present his case; or

    (iv) the arbitral award deals with a
    dispute not contemplated by or not
    falling within the terms of the submission
    to arbitration, or it contains decisions on
    matters beyond the scope of the
    submission to arbitration:

    Provided that, if the decisions on matters
    submitted to arbitration can be
    separated from those not so submitted,
    only that part of the arbitral award which
    contains decisions on matters not
    submitted to arbitration may be set
    aside; or

    (v) the composition of the Arbitral
    Tribunal or the arbitral procedure was
    not in accordance with the agreement of
    the parties, unless such agreement was
    in conflict with a provision of this Part
    26

    from which the parties cannot derogate,
    or, failing such agreement, was not in
    accordance with this Part; or

    (b) the Court finds that-

    (i) the subject-matter of the dispute is
    not capable of settlement by arbitration
    under the law for the time being in force,
    or

    (ii) the arbitral award is in conflict with
    the public policy of India.

    Explanation 1. For the avoidance of any
    doubt, it is clarified that an award is in
    conflict with the public policy of India,
    only if-

    (i) the making of the award was induced
    or affected by fraud or corruption or was
    in violation of Section 75 or Section 81;
    or

    (ii) it is in contravention with the
    fundamental policy of Indian law; or

    (iii) it is in conflict with the most basic
    notions of morality or justice.

    Explanation 2.-For the avoidance of
    doubt, the test as to whether there is a
    contravention with the fundamental
    policy of Indian law shall not entail a
    review on the merits of the dispute.

    (2-A) An arbitral award arising out of
    arbitrations other than international
    commercial arbitrations, may also be set
    aside by the Court, if the Court finds that
    the award is vitiated by patent illegality
    27

    appearing on the face of the award:

    Provided that an award shall not be
    set aside merely on the ground of an
    erroneous application of the law or by
    reappreciation of evidence.”

    26. A cumulative reading of the
    UNCITRAL Model Law and Rules, the
    legislative intent with which the 1996 Act
    is made, Section 5 and Section 34 of the
    1996 Act would make it clear that judicial
    interference with the arbitral awards is
    limited to the grounds in Section 34.

    While deciding applications filed under
    Section 34 of the Act, Courts are
    mandated to strictly act in accordance
    with and within the confines of Section
    34
    , refraining from appreciation or
    reappreciation of matters of fact as well
    as law. (See Uttarakhand Purv Sainik
    Kalyan Nigam Ltd. v. Northern Coal
    Field Ltd4
    , Bhaven Construction v.

    Sardar Sarovar Narmada Nigam Ltd.5
    and Rashtriya Ispat Nigam Ltd. v.

    Dewan Chand Ram Saran6.)

    27. For a better understanding of the
    role ascribed to Courts in reviewing
    arbitral awards while considering
    applications filed under Section 34 of the
    1996 Act, it would be relevant to refer to
    a judgment of this Court in Ssangyong
    Engg. & Construction Co. Ltd. v. NHAI

    wherein R.F. Nariman, J. has in clear
    28

    terms delineated the limited area for
    judicial interference, taking into account
    the amendments brought about by the
    2015 Amendment Act. The relevant
    passages of the judgment in Ssangyong
    are noted as under: (SCC pp. 169-71,
    paras 34-41)
    “34. What is clear, therefore, is that
    the expression “public policy of India”,
    whether contained in Section 34 or in
    Section 48, would now mean the
    “fundamental policy of Indian law” as
    explained in paras 18 and 27 of
    Associate Builders i.e. the fundamental
    policy of Indian law would be relegated
    to “Renusagar” understanding of this
    expression. This would necessarily
    mean that Western Geco expansion has
    been done away with. In short, Western
    Geco, as explained in paras 28 and 29
    of Associate Builders, would no longer
    obtain, as under the guise of interfering
    with an award on the ground that the
    arbitrator has not adopted a judicial
    approach, the Court’s intervention would
    be on the merits of the award, which
    cannot be permitted post amendment.

    However, insofar as principles of natural
    justice are concerned, as contained in
    Sections 18 and 34(2)(a)(iii) of the 1996
    Act, these continue to be grounds of
    challenge of an award, as is contained in
    29

    para 30 of Associate Builders.

    35. It is important to notice that the
    ground for interference insofar as it
    concerns “interest of India” has since
    been deleted, and therefore, no longer
    obtains. Equally, the ground for
    interference on the basis that the award
    is in conflict with justice or morality is
    now to be understood as a conflict with
    the “most basic notions of morality or
    justice”. This again would be in line with
    paras 36 to 39 of Associate Builders, as
    it is only such arbitral awards that shock
    the conscience of the court that can be
    set aside on this ground.

    36. Thus, it is clear that public policy
    of India is now constricted to mean
    firstly, that a domestic award is contrary
    to the fundamental policy of Indian law,
    as understood in paras 18 and 27 of
    Associate Builders, or secondly, that
    such award is against basic notions of
    justice or morality as understood in
    paras 36 to 39 of Associate Builders.

    Explanation 2 to Section 34(2)(b)(ii) and
    Explanation 2 to Section 48(2)(b)(ii) was
    added by the Amendment Act only so
    that Western Geco, as understood in
    Associate Builders, and paras 28 and 29
    in particular, is now done away with.

    37. Insofar as domestic awards made
    in India are concerned, an additional
    30

    ground is now available under sub-

    section (2-A), added by the Amendment
    Act, 2015, to Section 34. Here, there
    must be patent illegality appearing on
    the face of the award, which refers to
    such illegality as goes to the root of the
    matter but which does not amount to
    mere erroneous application of the law. In
    short, what is not subsumed within “the
    fundamental policy of Indian law”,
    namely, the contravention of a statute
    not linked to public policy or public
    interest, cannot be brought in by the
    backdoor when it comes to setting aside
    an award on the ground of patent
    illegality.

    38. Secondly, it is also made clear
    that reappreciation of evidence, which is
    what an appellate court is permitted to
    do, cannot be permitted under the
    ground of patent illegality appearing on
    the face of the award.

    39. To elucidate, para 42.1 of
    Associate Builders, namely, a mere
    contravention of the substantive law of
    India, by itself, is no longer a ground
    available to set aside an arbitral award.

    Para     42.2       of   Associate         Builders,
    however,       would     remain,         for   if     an
    

    arbitrator gives no reasons for an award
    and contravenes Section 31(3) of the
    1996 Act, that would certainly amount to
    31

    a patent illegality on the face of the
    award.

    40. The change made in Section
    28(3)
    by the Amendment Act really
    follows what is stated in paras 42.3 to 45
    in Associate Builders, namely, that the
    construction of the terms of a contract is
    primarily for an arbitrator to decide,
    unless the arbitrator construes the
    contract in a manner that no fair-minded
    or reasonable person would; in short,
    that the arbitrator’s view is not even a
    possible view to take. Also, if the
    arbitrator wanders outside the contract
    and deals with matters not allotted to
    him, he commits an error of jurisdiction.
    This ground of challenge will now fall
    within the new ground added under
    Section 34(2-A).

    41. What is important to note is that a
    decision which is perverse, as
    understood in paras 31 and 32 of
    Associate Builders, while no longer
    being a ground for challenge under
    “public policy of India”, would certainly
    amount to a patent illegality appearing
    on the face of the award. Thus, a finding
    based on no evidence at all or an award
    which ignores vital evidence in arriving
    at its decision would be perverse and
    liable to be set aside on the ground of
    patent illegality. Additionally, a finding
    32

    based on documents taken behind the
    back of the parties by the arbitrator
    would also qualify as a decision based
    on no evidence in asmuch as such
    decision is not based on evidence led by
    the parties, and therefore, would also
    have to be characterised as perverse.”

    28. This Court has in several other
    judgments interpreted Section 34 of the
    1996 Act to stress on the restraint to be
    shown by Courts while examining the
    validity of the arbitral awards. The
    limited grounds available to Courts for
    annulment of arbitral awards are well
    known to legally trained minds.

    However, the difficulty arises in applying
    the well -established principles for
    interference to the facts of each case
    that come up before the Courts. There is
    a disturbing tendency of Courts setting
    aside arbitral awards, after dissecting
    and reassessing factual aspects of the
    cases to come to a conclusion that the
    award needs. intervention and
    thereafter, dubbing the award to be
    vitiated by either perversity or patent
    illegality, apart from the other grounds
    available for annulment of the award.

    This approach would lead to corrosion of
    the object of the 1996 Act and the
    endeavours made to preserve this
    object, which is minimal judicial
    33

    interference with arbitral awards. That
    apart, several judicial pronouncements
    of this Court would become a dead letter
    if arbitral awards are set aside by
    categorising them as perverse or
    patently illegal without appreciating the
    contours of the said expressions.”

    20. In light of the principles laid down by the Hon’ble Supreme

    Court in Associate Builders (supra), Swan (supra), and

    Delhi Airport (supra), it is clear that the Court cannot

    interfere with an arbitral award merely on the ground that

    another interpretation is possible or that the evidence could

    have been appreciated differently. The Arbitrator is the final

    authority on facts as well as interpretation of contract,

    unless the view taken is wholly unreasonable or beyond the

    scope of the contract. We find that the learned Commercial

    Court rightly recorded its finding that reasons mentioned by

    the learned Sole Arbitrator were genuine and approach of

    the learned Arbitrator is neither arbitrary nor capricious. The

    award is well reasoned and is in great detail on the basis of

    material facts and the finding rendered by it are those which

    fall within the terms and conditions of the contract and the

    learned Commercial Court rightly dismissed the application

    filed by the appellants under Section 34 of the Act. The

    findings of the learned Sole Arbitrator do not suffer from any
    34

    patent illegality. The award is neither arbitrary nor perverse,

    and the appellants have failed to establish any ground

    falling within the limited ambit of Sections 34 or 37 of the

    Act.

    21. The case laws relied upon by the learned Sr. counsel for the

    appellants in Steel Authority (supra), J.G. Engineers

    (supra), Associate Builders (supra) and Sri Chittaranjan

    (supra) would be of no help being distinguishable on the

    ground of facts.

    22. In the result, looking to the limited scope of Section 37 of the

    Arbitration Act, this appeal being without any merit liable to

    be and is hereby dismissed. No order as to costs.

    23. Pending applications, if any, stand disposed of.

                                    Sd/-                                     Sd/-
    
                             (Rajani Dubey)                        (Radhakishan Agrawal)
                                    Judge                                    Judge
    Digitally signed
       pekde
    by VIJAY
    BHARATRAO
    PEKDE
    Date: 2026.04.07
    13:56:47 +0530
    



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