Setting Aside Ex Parte Arbitral Awards for Patent Illegality and Lack of Findings

sketch of the Bombay High Court
Case
MOHAMMED SHARIF HANIF KHAN v. APNA SAHAKARI BANK LIMITED (Bombay High Court, 16-09-2026)
Law
Arbitration and Conciliation Act, Multi-State Co-operative Societies Act.

Highlights of the Judgment:

  • Examination of the grounds for setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996.
  • Analysis of patent illegality arising from an arbitrator's failure to record findings on contentious issues.
  • Application of statutory preconditions under Section 84 of the Multi-State Co-operative Societies Act, 2002.
  • Assessment of breaches of principles of natural justice in passing unreasoned ex parte awards.
  • Review of case law regarding the non-remand rule for unreasoned awards lacking core determinations.