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april 1975

Supreme Court of India · 1975-04-21

K. P. POULOSE vs STATE OF KERALA & ANR.

Citation / case number
SC 1974/60315
Court
Supreme Court of India
Petitioner
K. P. POULOSE
Respondent
STATE OF KERALA & ANR.
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court held that under Section 30(a) of the Arbitration Act, an award can be set aside if the Arbitrator has misconducted the proceedings, which includes legal misconduct such as ignoring material documents. The Court found that the Arbitrator failed to consider two crucial documents that were essential for a just decision, leading to a manifest error in the award. Consequently, the Court allowed the appeal and set aside the award of the Arbitrator, restoring the judgment of the Subordinate Judge.

K. P. POULOSE vs STATE OF KERALA & ANR. · Niyam