The scope of application under Section 37 of the Arbitration and Conciliation Act 1996 is very limited and High Court cannot re-examine or re-assess the evidence – M/s Sree Durga Estates Vs. J.A.S. Padmaja – Telangana High Court
Hon’ble High Court referring judgments in Kenneth Builders and Developers Pvt. Ltd., Sal Udyog Pvt. Ltd. (2021) ibclaw.in 214 SC, Ssangyong Eng.& Construction Company Limited (2019) ibclaw.in 156 SC, Associate Builders (2017) ibclaw.in 273 SC, MMTC Ltd. Vs. Vedanta Ltd. (2019) ibclaw.in 146 SC and held that from the precedent decisions it emerges that the scope of application under Section 37 of the Act is very limited and this Court cannot re-examine or re-assess the evidence. As per the provisions of Sec.37 of the Act, this Court has to examine whether the Court below while exercising the powers conferred under Section 34 of the Act, rightly considered the grounds raised by the petitioner and whether the Arbitral Tribunal committed any illegality, irregularity while passing the arbitral award.
