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2024 Supreme(SC) 1197

ABHAY S. OKA, UJJAL BHUYAN
North Delhi Municipal Corporation – Appellant
Versus
S. A. Builders Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Madhavi Divan, Sr. Adv. Mr. Amol Chitale, Adv. Mr. Nirnimesh Dube, Adv. Mr. Sunil Goel, Adv. Mr. Ankur S. Kulkarni, Adv. Mr. Susheel Joseph Cyriac, Adv. Ms. Uditha Chakravarthy, Adv. Ms. Aiashani Narayan, Adv. Ms. Priya S. Bhalerao, Adv. Mr. Varun Kanwal, Adv. M/s. Lex Regis Law Offices, AOR
For the Respondent(s): Mr. C. Aryama Sundaram, Sr. Adv. Mr. Tarun Gupta, AOR

Judgement Key Points

Section 32(1) of the Arbitration and Conciliation Act, 1996, provides that within thirty days from the receipt of the arbitral award, unless another period has been agreed upon by the parties, a party may request the arbitral tribunal to correct any computation errors, clerical or typographical errors, or errors of a similar nature occurring in the award (!) . Additionally, if the parties agree, a party may request the arbitral tribunal to give an interpretation of a specific point or part of the award within the same period (!) . The provision emphasizes that the arbitral tribunal shall make the correction or provide the interpretation within thirty days if the request is justified, and such interpretation shall form part of the award (!) .

Furthermore, the section allows the arbitral tribunal to correct errors on its own initiative within thirty days from the date of the award (!) . The period for such correction or interpretation can be extended if necessary, with the approval of the parties (!) .

Importantly, the phrase "unless another period has been agreed upon by the parties" indicates that the default time limit of thirty days is not inflexible, and the parties can agree to extend this period (!) . This flexibility is integral to the provision, ensuring that the correction or interpretation process can be adapted to the specific circumstances and agreements of the parties involved (!) .

In summary, Section 32(1) establishes a statutory time frame for requesting corrections or interpretations of an arbitral award, which can be extended by mutual agreement, thereby providing a mechanism for clarifying or rectifying awards within a flexible and mutually agreed period.


JUDGMENT :

UJJAL BHUYAN, J.

1. Heard learned counsel for the parties.

2. This civil appeal by special leave is directed against the impugned order dated 01.07.2019 passed by a Division Bench of the High Court of Delhi at New Delhi (‘High Court’) disposing of EFA (OS) No. 17/2017 and C.M. No. 20662/2017 (North Delhi Municipal Corporation vs. M/s. S.A. Builders Ltd).

3. By the impugned order dated 01.07.2019, the Division Bench held that this Court vide the order dated 12.03.2015 had directed the High Court to decide the issue of interest component payable to the respondent in accordance with the law laid down in M/s. Hyder Consulting (UK) Ltd. vs. Governor, State of Orissa, (2015) 2 SCC 189 and not in accordance with the law laid down in State of Haryana vs. S.L. Arora, (2010) 3 SCC 690 declaring that the matter relating to amount payable to the respondent had attained finality and could not be interfered with. The Division Bench set aside that part of the order of the learned Single Judge dated 19.04.2017 passed in E.A. (OS) No. 34/2016 pertaining only to the calculations and permitted both the parties (appellant and respondent) to make submissions before the learned Single Judge restr

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