The applicants sought to set aside an arbitral award under section 46 of the Arbitration Act, 1991, and moved for leave to introduce fresh evidence.
The court found that the fresh evidence was not relevant to the issues before the arbitrator and would not have affected the outcome.
The application was dismissed as an impermissible appeal of the merits of the arbitration, as the parties had excluded any right of appeal in their agreement.
The court confirmed that section 46 provides only limited grounds for setting aside an award and is not a substitute for an appeal.
Costs were awarded to the respondent.
