Niyam v2 is live — start for just ₹100 — 200 credits to try

november 1963

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.

JIVARAJBHAI UJAMSHI SHETH AND OTHERS vs CHINTAMANRAO BALAJI AND OTHERS · Niyam