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Supreme Court of India 2022-01-11 allowed

Haryana Tourism Limited vs M/s Kandhari Beverages Limited

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

Haryana Tourism Limited sought an arbitral award against M/s Kandhari Beverages Limited regarding a supply contract dispute involving brand promotion expenses and sponsorship payments. After the arbitrator's 2005 award was upheld in 2014 under Section 34 of the Arbitration Act, the High Court set it aside in 2018. The Supreme Court held that the High Court exceeded its limited jurisdiction under Section 37 by examining the claim's merits instead of applying only public policy grounds. The Court restored the original award, emphasizing that Section 37 appeals cannot review merits as if deciding against trial court judgments.

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Arbitration Civil Procedure Award - Setting Aside Jurisdiction of Appellate Authority

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