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2019 (1) TMI 1371 - HC - Indian LawsArbitral award - scope of the arbitral reference - whether or not GMB’s claim before the learned Arbitrators/learned Umpire was restricted to ₹ 2 crores? - Held that:- It is not in dispute that there was no specific reference of disputes by either of the parties when they nominated their respective Arbitrators. In other words, specific heads and amounts claimed under each head were not enumerated in the letters whereby Arbitrators were nominated. Hence, in our opinion, the learned Umpire rightly held that the disputes that formed the subject matter of the reference would have to be gathered from the pre-reference correspondence exchanged by and between the parties. It is trite law that so long as the meaning given by an Arbitrator/Umpire to a document or a series of documents is a plausible one, the Court will not interfere and substitute such meaning with its own understanding of such documents even if the Court differs from the Arbitrator or Umpire. The Court in exercise of an application under Secs. 30 and 33 of the Arbitration Act, 1940 does not act as an Appellate Court - there was no reason for the learned Judge to restrict the award under Schedule E to ₹ 37,34,090/- while in principle upholding the learned Umpire’s award of ₹ 346.45 lacs on that count. There are no justification in the learned Judge disallowing the learned Umpire’s award of ₹ 203.43 lacs on account of damages for preventing GMB to use the logo GMB-Neycer - A Court hearing an application for setting aside an arbitral award does not have the power to reappraise the evidence before the Arbitrator/Umpire. So long as there is some evidence on the basis of which an award has been made, the Court shall not go in the sufficiency or otherwise of such evidence. The impugned judgment and order is set aside to the extent it interferes with the award of the Ld. Umpire. The Ld. Umpire’s award is upheld - appeal allowed - decided in favor of appellant.
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