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Report No. 76

8.31. Section 33.-

Section 33 constitutes a qualification of section 32. The general rule in section 32 is that an arbitration agreement or award cannot be challenged by a suit and it cannot, in any way, be affected otherwise than as provided in the Act. The procedure for contesting the agreement or award in certain circumstances is laid down in section 33. In its main paragraph, that section provides that any party to an arbitration agreement or any person claiming under him desiring to challenge the existence or validity of an arbitration agreement or an award or to have the effect of either determined shall apply to the court and the court shall decide the question on affidavits.

There is, however, a proviso whereunder, where the court deems it just and expedient, it may set down the application for hearing on other evidence also, and it may pass such orders for discovery and particulars as it may do in a suit.

Arbitration Act, 1940 Back

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