LAW FOR ALL

SLAMBOB - Amusement park - agreement of partnership for 10 years - failed to pay the amount as per the terms of agreement after some time - The Arbitrator published his award allowing the claim to the tune of Rs.13,94,240/- with interest at the rate of 12% per annum, but disallowed the Minimum Guaranteed amount of Rs.69,416/- per month for the remaining 69 months, commencing from July, 2003.- single judge dismissed both suits -The Division Bench of the High Court affirmed the award of the Arbitrator. The High Court particularly held that the appellant having failed to make the payment of the dues, as agreed to between the parties, cannot deny the lawful claim of the respondent and accordingly the High Court upheld the reasoning of the Arbitrator and dismissed the appeal filed by the appellant. The Division Bench of the High Court also held that the award of interest at the rate of 12% per annum was also just and reasonable and accordingly affirmed the same. In these circumstances, the appeal filed by the first respondent, being OSA No.34 of 2009, was allowed and the appeal filed by the appellant, being OSA No.140 of 2009, was dismissed by the Division Bench of the High Court.- Apex court held that Where there is an error apparent on the face of the record or the Arbitrator has not followed the statutory legal position, then and then only it would be justified in interfering with the award published by the Arbitrator. Once the Arbitrator has applied his mind to the matter before him, the Court cannot reappraise the matter as if it were an appeal and even if two views are possible, the view taken by the Arbitrator would prevail. - dismissed the appeal = CIVIL APPEAL NOS. 7128-7129 OF 2011 M/s. Navodaya Mass Entertainment Ltd. .… Appellant :Versus: M/s. J.M. Combines ....Respondents = 2014 - Aug. Part - http://judis.nic.in/supremecourt/filename=41851