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2009 (3) TMI 211 - HIGH COURT OF DELHIAppeal to High Court against arbitration award - Held that:- The learned Arbitrator returned a finding of fact that the appellant claimant had not received Modvat benefit while paying excise duty on finished goods. It appears that this aspect has not been considered by the learned Single Judge, who has proceeded to examine the claim afresh on his own. In our view the approach of the learned Single Judge in this case was not correct, inasmuch as, he proceeded to step into the shoes of the arbitrator, rather than examining the award by application of recognized principles. The finding of fact that the Modvat benefit was not availed of by the claimant/appellant has not been noticed by the learned Single Judge and whichever way the issue is looked at, the exchequer suffered no loss. Accordingly, we are satisfied that the learned Single Judge has unjustifiably interfered with the finding of fact recorded by the arbitrator and has not even dealt with the said finding. The judgment of the learned Single Judge in respect of the award on Claim Nos. (a) & (d) is set aside. The award dated 18-6-1998 is consequently made Rule of the Court. The award on claim Nos. (a) and (d) is restored. The decree be drawn up as per the award.
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