Challenge on the grounds of perversity
1 A finding based on no evidence at all or an award which ignores vital evidence in arriving at its decision would be perverse, and liable to be set aside as Patent illegality.
2 There is perversity in the Award where, on insignificant grounds, the relevant documents were not permitted to be brought on record.
3 The Money claims have to be decided on the basis of substantive evidence been led and not on the basis of mere paper calculations.
4 An Award that does not grant Statutory compensation under NH Act, is perverse; and Courts u/s 34 are competent to grant the same.
5 Notwithstanding factual or legal errors, an Award may not be interfered u/ss 34 or 37 unless finding of the tribunal is either contrary to the terms of the contract, or, ex facie, perverse.
6 When the conclusions reached have no correlation to the evidence tendered or where conclusion is based on irrelevant evidence, vitiates the Award.
7 Award with contradictory observations / findings / reasons, liable to be set aside.
8 Findings of Arbitral Tribunal is reasonable. The loss of goodwill cannot be proved with mathematical precision.