Supreme Court of India · 1963-11-19
JIVARAJBHAI UJAMSHI SHETH AND OTHERS vs CHINTAMANRAO BALAJI AND OTHERS
- Citation / case number
- SC 1963/119
- Court
- Supreme Court of India
- Petitioner
- JIVARAJBHAI UJAMSHI SHETH AND OTHERS
- Respondent
- CHINTAMANRAO BALAJI AND OTHERS
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court addressed the validity of an arbitration award under the Indian Arbitration Act, 1940, specifically Section 30. The Court held that an arbitrator's award can be set aside if it exceeds jurisdiction or is a result of misconduct. In this case, the arbitrator's inclusion of depreciation and appreciation in valuing goodwill was deemed an excess of jurisdiction, leading to the award being set aside by the trial court and upheld by the High Court. The appeal was dismissed, affirming the lower courts' decisions.