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THE HON’BLE MR.JUSTICE S.M.SUBRAMANIAM C.M.A.No.2977 of 2012—-Accordingly, the appeal in C.M.A.No.2977 of 2012 stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. E.S.I. Court is expected to dispose of the main appeal as expeditiously as possible, since the matter is pending for long time.
by Sekar Reporter · Published March 5, 2021
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Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy did not mince any words when it came to the arbitral award itself, observing, “While it is not necessary for an arbitral award to justify every paisa or a rupee awarded to the claimant, the broad premise on which the quantum is founded has to be discernible from award itself for the award to be meaningful or even intelligible in legal terms. In short, the award impugned before the Arbitration Court in this case was the classical example of what an arbitral award could never be.” The Court noted that the last few pages of the arbitral award, which records its operative portion, only mentions by 6-7 lines of “an excuse for reasons” while dealing one of three claim-heads.
by Sekar Reporter · Published February 22, 2021