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V.G. Thankamani v. National Highway Authority of India

  • Land

National Highways Act 1956 – Arbitration and Conciliation Act, 1996Section 26 (1) (a) & (b) – Whether the parties should be required to give to the expert information and documents relevant for drawing up the report, while report is called for by the Arbitrator under Section 26(1)(a) of the Act ? Held, if the Arbitrator finds in a given case that the report of an expert is to be called for, for the purpose of the proceedings, it is obligatory for the Arbitrator to require the parties to give the expert any information or document relevant for the purpose of drawing up the report. [Para 10]

Arbitration and Conciliation Act, 1996Section 26 (1) (a) & (b), Section 34(2)(a)(iii) – Application for setting aside arbitral award Whether noncompliance of the requirements in Section 26(1)(b) of the Act is a ground falling under Section 34(2)(a)(iii) of the Act, justifying interference with the award ? Held, non-compliance of sub-section (1) of Section 26 by itself is a ground to set aside the arbitral award as the same would amount to ‘patent illegality’.