Q: Explain the citation of Jackie Kukubhai Shroff vs Ratnam Sudesh Iyer on 18 January, 2022 ?

Ans: 

Jackie Kukubhai Shroff vs Ratnam Sudesh Iyer on 18 January, 2022

The Bombay High Court last week set aside an award passed by a sole arbitrator against actor Jackie Shroff and noted that conclusions arrived at 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 the petitioner had committed breach of the deed of settlement as his wife had referred to the respondent as a forger in an email. Also, the deed of settlement was not terminated and continued to be valid and subsisting between the parties,yet the arbitrator awarded damages of USD 3.5 million to the respondent.
The impugned award, thus, does not measure up to the minimal judicial scrutiny even within the parameters of Section 34 of the Act. It is completely unreasonable, impossible, and I dare say, perverse. It is partly based on no evidence, partly on non-application of mind, and partly, by a wholesale misapplication of law resulting into miscarriage of justice. All in all, it shocks the conscience of the court."

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