The Bench of Justice Anand Venkatesh set aside a 2005 arbitral award passed by family elders in the Dadha business family dispute, holding that failure to afford a fair opportunity of hearing vitiates an award under Section 34 of the Arbitration and Conciliation Act, 1996.
The Court observed that “whatever may be the composition of the arbitral tribunal, following the principles of natural justice is non-negotiable.”
Finding that one party was denied a hearing before the final award, the Court ruled the award contrary to public policy and granted liberty to seek fresh arbitration before the same elders.















