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2019 (7) TMI 1234 - SC - Indian LawsExistence or otherwise of the Arbitration clause governing the parties and more particularly with regard to the conduct of the Arbitrator - Compensation for damage - damage on account of failure of ‘Shingada’ in an appropriate manner - HELD THAT:- In the ultimate analysis since we are not adverting to the merits of the claim and in that regard since, we have not adverted to the finding recorded by the learned Arbitrator on the merits of claim we would not venture to examine with regard to the ultimate conclusion on the claim as to whether it is justified or not. However, in the above background, what is to be seen is that there has been a reasonable basis for the appellants to make a claim that in the present circumstance the learned Arbitrator would not be fair to them even if not biased. It could no doubt be only a perception of the appellants herein. The learned Judge of the High Court of Judicature at Bombay was not justified in allowing the appeal filed under Section 37(1)(b) of the Act, 1996. Appeal allowed.
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