Supreme Court of India
M/s Cochin Shipyard Ltd. v. M/s Apeejay Shipping Ltd.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the aforesaid premises, the appeal is allowed in part as far as it grants permission/liberty to the respondent H 1012 SUPREME COURT REPORTS [2015] 10 S.C.R. A to examine any witness in court.
Judgment, page 18
From the headnote
Arbitration Act, 1940- s. 30- Objection ·under-Alleging c misconduct ofarbitrator- Scope of- Held the objection u/s. 30 can be only alleging legal misconduct of the arbitrator and not personal/moral conduct - The a/legation of legal misconduct can be substantiated only from the records of the arbitral proceedings - Examination of any witness to substantiate such allegation is not permissible - In the present case, permission granted by High Court to substantiate the a/legation of misconduct against the arbitrator, by examining the witness, is wrong- However, it is open to establish the
Authorities it was built on
- 1963 Jivarajbhai Ujamshi Sheth and Others v. Chintamanrao Balaji and Others
- 1966 Firm Madanlal Roshanlal Mahajan v. Hukumchand Mills Ltd., Indore
- 2005 Bhagawati Oxygen Ltd. v. Hindustan Coper Ltd.
- 2015 Yellapu Uma Maheswari &anr. v. Buddha Jagadheeswararao & Ors.
- 2003 State of U.P. v. Allied Constructions
- 1989 Gujarat Water Supply & Sewerage Board v. Unique Erectors {gujarat) (p) Ltd. & Anr.
- 1999 Rajasthan State Mines and Minerals Ltd. v. Eastern Engineering Enterprises and Anr.
- 1988 State of Orissa & Ors. v. Lall Brothers
- 2002 Inder Sain Mittal v. Housing Board Haryana and Ors.
- 1989 Dandasi Sahu v. State of Orissa
- 2001 Paradip Port Trust and Ors. Etc. v. Unique Builders Etc.
Where later benches applied it
Of those, 1 mentioned
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