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2023 (8) TMI 1226 - SUPREME COURTAward rendered by the Arbitrator in favor of the appellant set aside - rejection of its counterclaim - relevant date from which the escalation claim was calculable - HELD THAT:- The impugned judgment, on the face of the record, in this Court’s opinion, is plainly erroneous. It is far too well established that the scope of interference by a court in the context of a challenge to an arbitration award is narrow. In the case of an appeal by a party is aggrieved by rejection of its objections, the Appellate Court’s review power (especially to substitute its findings in the facts and the interpretation of contract and interpretation of law) are far narrower. This court has in line of authorities previously held that such jurisdiction should be invoked rarely and in cases where it is apparent that the Arbitrator had “misconducted” the proceedings in terms of Section 30 of the Arbitration Act. In the present case, this court is persuaded to hold that the High Court in proceeding to interpret the terms of the contract and applying them to the fact situation in the present case substituted its findings hereby entering the zone which was not permitted to it – in regard to upsetting the award as far as it found in favor of the appellant – contractor and also in allowing the counterclaim of ONGC. For these reasons, the impugned order is hereby set aside. Appeal allowed.
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