S.V. Samudram vs. State of Karnataka & Anr [2024 INSC 17]

Interference under Section 37 cannot travel beyond the restrictions laid down under Section 34

RELEVANT PARAGRAPH

35. It has been observed by this Court in MMTC Ltd. v. Vedanta Ltd. (2019) 4 SCC 163:

14. As far as interference with an order made under Section 34, as per Section 37, is concerned, it cannot be disputed that such interference under Section 37 cannot travel beyond the restrictions laid down under Section 34. In other words, the court cannot undertake an independent assessment of the merits of the award, and must only ascertain that the exercise of power by the court under Section 34 has not exceeded the scope of the provision. Thus, it is evident that in case an arbitral award has been confirmed by the court under Section 34 and by the court in an appeal under Section 37, this Court must be extremely cautious and slow to disturb such concurrent findings.”

36. This view has been referred to with approval by a bench of three learned Judges in UHL Power Company Ltd v. State of Himachal (2022) 4 SCC 116. In respect of Section 37, this court observed:-

 

“16. As it is, the jurisdiction conferred on courts under Section 34 of the Arbitration Act is fairly narrow, when it comes to the scope of an appeal under Section 37 of the Arbitration Act, the jurisdiction of an appellate court in examining an order, setting aside or refusing to set aside an award, is all the more circumscribed.”