Chebrolu Enterprises Vs. A.P. Backward Class Co-operative Fin. Corp. Ltd.
|
Head Note
The Arbitration and Conciliation Act, 1996 - Section 34 , Section 37 , Constitution of India, 1950 - Article 136
Arbitral Award - Findings of Fact - Arbitral Tribunal considered all factors and the evidence which was adduced before it and came to the conclusion that the price which had been quoted by the suppliers and which had been agreed upon in the contract was higher than the price at which tools of the same specifications were sold by the suppliers in the State of Andhra Pradesh - Arbitral Tribunal came to the conclusion that the suppliers were entitled to the price of tools lesser than the one which had been agreed upon in the contract because the same quality of tools, which had been manufactured by the suppliers, were sold by them in the State of Andhra Pradesh at a lower price - Held that determination of price in the aforestated manner is a question of fact - Apex Court or even the Appellate Court would not look into the finding of facts unless they are perverse - Neither the City Civil Court in the proceedings filed before it under Section 34 of the Act nor the High Court in the proceedings under Section 37 of the Act could find anything wrong with the finding of facts arrived at by the Arbitral Tribunal - Apex Court under Article 136 of the Constitution of India would not like to interfere with the concurrent finding of facts, save in exceptional circumstances or unless the finding is perverse - Determination of price by the Arbitral Tribunal cannot be faulted with.
Topic(s)-Arbitration - Award - Finding of Facts - Award upheld