Arbitration -- Modification of Award by Court -- Court under S.34 or S.37 cannot rewrite award by re-appreciating evidence and granting relief already refused by Arbitral Tribunal
Arbitration and Conciliation Act, 1996, S.37 -- Arbitration -- Modification of Award by Court -- Power to modify an award under Section 34 or Section 37 is limited and does not extend to re-appreciating evidence or granting a relief that was refused by the Arbitral Tribunal. A District Court cannot award liquidated damages on a claim already rejected by the Tribunal, as this amounts to rewriting the award rather than modifying it. Such exercise runs counter to the limits on modification power laid down in Gayatri Balasamy vs. ISG Novasoft Technologies Limited.
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