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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE
State of Uttar Pradesh, Through Uttar Pradesh Legislative Assembly Secretariat – Appellant
Versus
Tata Consultancy Services Limited – Respondent
| Table of Content |
|---|
| 1. factual background of arbitration. (Para 1 , 2 , 3 , 4 , 6) |
| 2. arguments of the petitioner against the award. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. court’s observations on jurisdiction issues. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. analysis on frustration of contract doctrine. (Para 34 , 36 , 38 , 40 , 41 , 42) |
| 5. final conclusion and dismissal of petition. (Para 50 , 51 , 52 , 53) |
JUDGMENT :
SANDEEP V. MARNE, J.
1) The Uttar Pradesh Legislative Assembly Secretariat has filed the present Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) challenging Award dated 24 November 2023 passed by the Learned Sole Arbitrator. By the Impugned Award, the Learned Arbitrator has allowed the claim of the Respondent declaring that termination of Agreement dated 5 December 2015 by the Petitioner as wrong, illegal and has set aside the same. The Arbitrator has directed Petitioner to pay to the Respondent sum of Rs. 5,37,37,154/- along with interest at the rate of 1.5% per month from the date of the arbitration proceedings till its recovery. The Arbitral Tribunal has also awarded costs of Rs.11,00,842/- in favor of
Arbitral awards must be upheld if the party's actions induce impossibility, negating frustration claims; contractual obligations fulfilled warrant enforcement of the award.
Section 34 of the Arbitration and Conciliation Act provides a limited window of challenge to an arbitral award, and a violation of a statute, not tied to public policy or public interest, cannot serv....
The arbitration agreement's validity is independent of stamp duty on the substantive contract, and courts have limited grounds for interfering with arbitral awards under Section 34 of the Arbitration....
The court affirmed that an entity can claim compensation for work performed under a non-finalized contract if the work was conducted at the direction of another party, underscoring the principle of q....
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