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2015 (1) TMI 1432 - HC - Indian LawsGrant of Arbitral award - termination of contract by the State - HELD THAT:- The award was challenged under Section 34 of the Arbitration and Conciliation Act, 1996 before the Commercial Court, Ranchi. The Presiding Officer of the Commercial Court found no reason to interfere with the award. The reviewing Court exercising its jurisdiction under Section 34 of the 1996 Act cannot undertake the exercise of re-appreciation of evidence except on very limited ground specified in the case of OIL & Natural Gas Corporation Ltd. versus Saw Pipes Ltd, [2003 (4) TMI 438 - SUPREME COURT] and further elaborated by a subsequent authority, Associate Builders Versus Delhi Development Authority [2014 (11) TMI 1114 - SUPREME COURT]. We do not find involvement of any grave violation of public policy by the Arbitral Tribunal in passing the award. The facts narrated in the award do not project any gross misuse of jurisdiction which could shock the conscience of the Court. What the appellant really wants from this Court exercising jurisdiction under Section 37 of the 1996 Act is to enter into re-appreciation of evidence. We also find that reasons were given by the Arbitral Tribunal for rejecting the counterclaim by the learned Arbitrator. Appeal disposed off.
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