Allahabad High Court Ruling on Non-Filing of Certified Copy in Arbitration Cases.
The Allahabad High Court has ruled that an application under Section 34 of the Arbitration and Conciliation Act should not be dismissed solely due to the non-filing of a certified copy of the arbitral award, provided a reasonable explanation is given.
Key Points of the Ruling
- Context of the Case: The court addressed concerns regarding the procedural requirements in arbitration proceedings, specifically focusing on the need for a certified copy of the arbitral award.
- Flexibility in Procedure: The court emphasized the importance of ensuring that technicalities do not hinder the pursuit of justice. If a party provides a satisfactory explanation for the lack of a certified copy, the application should not be automatically dismissed.
- Judicial Precedents: The ruling aligns with the principle that courts should prioritize the substance of a case over procedural shortcomings, especially in matters involving arbitration.
- Implications: This decision may encourage parties to present their cases without the fear of dismissal on technical grounds, fostering a more equitable arbitration environment.
The court’s stance reflects a broader commitment to upholding the integrity of arbitration as a means of dispute resolution while balancing procedural requirements with the need for fairness
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