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february 1989

Supreme Court of India · 1989-02-14

SUDARSAN TRADING CO. vs GOVT. OF KERALA & ANR.

Citation / case number
SC 1989/72623
Court
Supreme Court of India
Petitioner
SUDARSAN TRADING CO.
Respondent
GOVT. OF KERALA & ANR.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that under Section 30 of the Arbitration Act, 1940, a non-speaking award is valid and the court cannot probe the mental process of the arbitrator or substitute its own decision. The Court found that the High Court exceeded its jurisdiction by interpreting the contract and determining the sustainability of the arbitrator's awards, which were not subject to judicial review unless there was corruption, fraud, or errors apparent on the face of the award. Consequently, the appeals were allowed, and the High Court's decision was set aside.

SUDARSAN TRADING CO. vs GOVT. OF KERALA & ANR. · Niyam