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2009 (9) TMI 590

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..... led, where the arbitrator acts within jurisdiction, 'the reasonableness of the reasons' given by the arbitrator is not open to scrutiny by courts - As the arbitrator in this case has reached a finding of fact on the materials on record about the delay on the part of the respondent and it has also been held by the arbitrator that because of such delay the claimant was put in great difficulty in co .....

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..... avour of the appellant by the arbitrator. The relevant facts of die case are as under. 3. Tender was submitted by the claimant which was accepted by the respondent. An agreement dated 20.11.1986 was executed. In terms of the agreement, the work was to be completed within 12 months, i.e., within 19.11.1987. Work could not be completed by that time and the case of the claimant-appellant before .....

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..... d 'rule of the court'. 5. Challenging the same, an appeal was filed before the High Court by the respondent herein. In the said appeal, Division Bench of the High Court was pleased, inter alia, to hold that the claimant-appellant is not entitled to receive from the respondent an amount of Rs. 3,63,344 as compensation for the loss caused to the appellant by way of gains prevented or loss of p .....

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..... or while dealing with the proceedings for setting aside an award. It is equally well settled, where the arbitrator acts within jurisdiction, 'the reasonableness of the reasons' given by the arbitrator is not open to scrutiny by courts. However, if the reasons are such as no person of ordinary prudence can ever approve of them or if the reasons are so 'outrageous in their defiance of logic' that th .....

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