Account Statements And IT Returns Relied On By Arbitral Tribunal, Have Evidentiary Value
Case: Scholastic India Pvt. Ltd. & Anr. versus Kanta Batra
Coram: Justices Vibhu Bakhru and Amit Mahajan
Case No.: FAO (COMM) 112/2022
Court Observation: “In view of the above, an arbitral award cannot be faulted on the ground that it is non-compliant with the said statutes. Having stated the above, it is necessary to clarify that there may be instances where an arbitral award may be faulted as being in conflict with the public policy of India or on the ground of patent illegality, including that it falls foul of the most basic principles underlying the Indian Evidence Act, 1872. But that does not mean that in all cases where the material relied upon by the Arbitral Tribunal does not measure up to the standards under the Indian Evidence Act 1872, the arbitral award would be liable to be set aside.”
“Undeniably, the income tax return furnished by the Lessor for the assessment year 2015-16 was material evidence to establish that the Lessor had claimed that she had incurred certain expenditure for repairs of the premises. Indisputably, this could not be stated to be irrelevant to the Lessor’s claim before the Arbitral Tribunal.”
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Keywords
Account Statements And IT Returns, Evidentiary Value
