VidhiSangh

Supreme Court of India · 19/01/2023

M/S ALPINE HOUSING DEVELOPMENT CORPORATION PVT. LTD. versus ASHOK S DHARIWAL AND OTHERS

[2023] 1 S.C.R. 991 · 2023 INSC 57

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

An ex parte award of 1998 decreed specific performance of a property agreement, subject to the plots being amalgamated. In their Section 34 challenge, the objectors sought to produce the authority's later refusal to amalgamate, to argue that the award conflicted with public policy. The Karnataka High Court allowed them to adduce that evidence, and the Supreme Court upheld the order. Section 34(2)(a) as it stood before the 2019 amendment applies to proceedings begun and concluded earlier. Evidence by affidavit may be admitted in exceptional cases on matters outside the arbitral record, including for Section 34(2)(b) grounds. The refusal postdated the award, so it was a strong exceptional case. The appellant was allowed to cross-examine and lead rebuttal evidence.

Issues

  1. Whether, in an application under Section 34 of the Arbitration and Conciliation Act, 1996 against an award passed before the 2019 amendment, the applicant can be permitted to adduce evidence to support a ground under Section 34(2)(b) that the award conflicts with the public policy of India.

Provisions considered

Held

Result

Civil Appeal No. 73 of 2023 against the Karnataka High Court judgment dated 01.09.2021 in W.P. No. 50799 of 2019 dismissed; the appellant permitted to cross-examine and lead contrary evidence, and the Section 34 application to be decided expeditiously; no costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 991.