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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
Union of India Through The General Manager Central Railway – Appellant
Versus
PLR HC RBR JV – Respondent
| Table of Content |
|---|
| 1. factual background regarding the agreement and its execution. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. core elements of arbitral claims and proceedings. (Para 13 , 14) |
| 3. court's analysis of evidence and claims. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 4. evidence assessment and challenges to arbitral award. (Para 29 , 30 , 31 , 32) |
| 5. final decisions on claims and costs. (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44) |
| 6. conclusion and order of the court. (Para 49 , 50 , 51 , 52 , 53) |
SOMASEKHAR SUNDARESAN, J.
Context and Factual Background:
1. This is a Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) challenging an arbitral award dated May 31, 2023 (“Impugned Award”) in connection with disputes and differences relating to an agreement dated September 24, 2018 (“Agreement”). The Agreement relates to work connected with the railway line between Wardha and Nanded and related to embankment, cutting including bridge approaches, trolley refuges, construction of side drains, minor bridges etc.
2. The Agreement was preceded by a tender notice dated October 25, 2017
The court affirmed the arbitral tribunal's decision that the contractor is entitled to payment for completed work and price variation, rejecting claims of unjust enrichment by the Railways.
An arbitral tribunal cannot adjudicate on claims outside the scope of the arbitration agreement, and awards violating explicit contractual terms are subject to being set aside under Section 34 of the....
The court upheld the right to arbitration as per the terms of the contract, emphasizing the importance of adherence to contractual dispute resolution mechanisms.
The court affirmed the limited scope of review under Section 34 of the Arbitration and Conciliation Act, emphasizing respect for arbitral awards unless stark violations of public policy or procedural....
The court upheld the principle that the award of interest and costs in arbitration proceedings should be in accordance with the contract and the provisions of the Arbitration and Conciliation Act, 19....
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