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An Arbitration petition by Jackie Shroff moved to the Bombay High Court challenging the sole Arbitrator’s Award in a matter between him and Ratnam Sudesh Iyer. They were shareholders in a company called Atlas Equipfin Pvt. Ltd. The Bombay High Court set aside the Sole Arbitrator’s Award against Jackie Shroff and observed that the conclusions by the arbitrator are not just wrong but exhibit an unmitigated perversity and is shocking to the conscience of the court.
The Arbitrator held that Jackie Shroff had committed breach of the deed of settlement as his wife had referred to Ratnam Sudesh Iyer as a forger in an email. And the deed of the settlement was not terminated and continued to be valid between the partners. However, the court held that the mail could not be considered as a breach of contract as the Sudesh Iyer was the only addressee and recipient of the emails. Further the court held that the mail about the event clearly states that the petitioner has no wish to continue with a forger.
Thereafter, Justice SC Gupte sets aside the award and allows the petition filed by the Actor Jackie Shroff and observed that can such an award be ever sustained as something a fair and judiciously minded person could have made and it would be travesty of justice to uphold such an award.
Thus, it was held that the impugned award is completely unreasonable, impossible and perverse. It is based on no evidence, non- application of mind and misapplication of law resulting into miscarriage of justice.
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