
Summary: The Madras High Court, with Justice Anand Venkatesh in charge, overturned a decision made by an arbitrator in a case about a disputed loan agreement between M. Ashkar Ali and N. Manoharan. The court found problems with the evidence and how the arbitrator handled the case.
In this case, M. Ashkar Ali and Shabana (the people bringing the case) wanted to overturn a decision that favored N. Manoharan (the other person involved). The disagreement started from a loan agreement dated April 5, 2018, where Ashkar Ali supposedly borrowed Rs.13.50 lakhs, with Shabana as the person who promised to pay if Ashkar Ali didn't.
N. Manoharan started the arbitration process when the loan wasn't paid back. At first, a decision was made without Ashkar Ali's side being heard, which he challenged, leading to a new arbitrator being appointed. Eventually, the arbitrator decided in favor of N. Manoharan, which made M. Ashkar Ali take the case to the High Court.
Forgery Claims: The petitioners said the loan documents were fake and that N. Manoharan, who sells vegetables, couldn't afford to lend such a big amount.
Document Legitimacy: They argued that the documents weren't properly checked in court, and the arbitrator used documents that weren't officially recorded.
"The respondent never had the financial means to lend the loan amount."
N. Manoharan's lawyer argued that the arbitrator's decision was correct and that the court shouldn't interfere unless there was a clear mistake in the law.
Evidence Handling: Justice Venkatesh pointed out that the arbitrator didn't properly look at the evidence, especially regarding whether N. Manoharan could really lend the money and whether the documents were real.
Legal Missteps: The court found that the arbitrator misunderstood the rules about using documents that weren't officially recorded.
"The award has obvious mistakes that require the court to step in."
The court canceled the arbitration decision, pointing out major problems with how the case was handled and the evidence used. It also ordered the other side to pay the costs of the case, stressing the need to follow legal rules in arbitration, especially when dealing with large sums of money.