In Brief
A developer and plot owners disputed specific performance under an arbitration agreement. The arbitrator passed an ex-parte award requiring specific performance, but permission to amalgamate the plots was subsequently refused by authorities. The Supreme Court held that in exceptional cases where additional evidence is relevant to grounds under Section 34 of the Arbitration Act—such as conflict with public policy—parties may adduce affidavits despite the ordinarily summary nature of review. Where the award became practically unexecutable due to subsequent statutory refusal, evidence of that refusal could be adduced in the Section 34 application itself, not deferred to execution proceedings. The Court upheld the High Court's permission for the respondents to adduce evidence.
The lawyer headnote and full judgment text are available to registered users.