Loan agreement, default in payment of instalment, award by arbitrator - Arbitration proceedings have been conducted in a mechanical manner without due application of mind with no discussion - Award Set Aside.

Citation

2017-2-L.W. 627

IN THE HIGH COURT OF JUDICATURE AT MADRAS

15.02.2017/Ο.Ρ.No.369 of 2013

T.S.Sivagnanam, J.

Mr.Naveen G. Rolands.     ..Petitioner

vs

M/s.Cholamandalam DBS Finance Ltd., rep. by its Asst VP Mr.Ravindra Pandurang Nankar, Having its regd. office at "Dare House", No.2, N.S.C. Bose Road, Chennai 600 001 and others.       ...Respondents

Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, to set aside the impugned award dated 16/10/2012 passed by the 2nd respondent subsequently declare all the proceedings initiated by the first respondent against the petitioner as void.

Arbitration and Conciliation Act (1996), Section 34

Loan agreement, default in payment of instalment, award by arbitrator challenge to

Need for reasons discussion by arbitrator Non application of mind on the part of the Arbitrator - Arbitration proceedings have been conducted in a mechanical manner without due application of mind with no discussion - It is incumbent upon the arbitrator to undertake an exercise to examine the documents stated to be placed before the Tribunal and then render a finding on the claim Paras 21,22 challenge to the impugned der the