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2009 (7) TMI 795 - SC - Indian LawsWhether the award requires to be set aside on any of the specified grounds in sub-section (2) of section 34 thereof? Held that:- Appeal dismissed. It is difficult to envisage proceedings under section 34 of the Act as full-fledged regular civil suits under Code. Applications under section 34 of the Act are summary proceedings with provision for objections by the defendant/respondent, followed by an opportunity to the applicant to 'prove' the existence of any ground under section 34(2). The applicant is permitted to file affidavits of his witnesses in proof. A corresponding opportunity is given to the defendant/respondent to place his evidence by affidavit. Where the case so warrants, the court permits cross-examination of the persons swearing to the affidavit. Thereafter, court hears arguments and/or receives written submissions and decides the matter. This is of course the routine procedure. The court may vary the said procedure, depending upon the facts of any particular case or the local rules. What is, however, clear is that framing of issues as contemplated under rule 1 of order 14 of the Code is not an integral part of the process of a proceedings under section 34 of the Act. No reason to interfere with the impugned order of the High Court
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