In Brief
An appellant challenged a High Court judgment upholding an arbitral award modification made under Section 33 of the Arbitration and Conciliation Act, 1996. The arbitrator had originally awarded either return of 3,648.80 grams of pure gold or payment at Rs. 740 per gram, but later modified the award under Section 33 to substitute Rs. 20,747 per 10 grams. The Supreme Court held that Section 33 permits only correction of arithmetical or clerical errors, not substantive modifications. Since the original award was passed on merits as per the claimant's original claim, the modification exceeded the arbitrator's jurisdiction. The Court allowed the appeal, quashed the modification order, and restored the original award."
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