Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
State of Maharashtra – Appellant
Versus
Patwardhan Infrasturcture Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of the arbitration appeal. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. core issue regarding force majeure interpretation. (Para 9 , 10) |
| 3. letters and mom leading to contract interpretation. (Para 11 , 12 , 13 , 14) |
| 4. contention of parties regarding contract modification. (Para 15 , 16) |
| 5. court's analysis on the standard of review. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 6. analysis of relevant clauses and mom. (Para 29 , 30 , 31 , 32 , 33) |
| 7. court's critique of the arbitral tribunal's findings. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 8. counterarguments regarding the mom's implications. (Para 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57) |
| 9. conclusion and order setting aside the previous findings. (Para 58 , 63 , 64) |
JUDGMENT :
SOMASEKHAR SUNDARESAN, J.
Context and Factual Background:
1. This Appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 (“the Act”) impugning an Arbitral Award dated November 7, 2012 (“Impugned Award”) and a Judgment dated September 24, 2014 (“Impugned Judgment”) which upheld the Impugned Award, dismissing a challenge under Section 34 of the Act.
2. The disputes and differe
A contract's explicit provisions govern obligations, and discussions or observations do not equate to legally binding amendments unless formally executed, upholding the fundamental principles of cont....
The main legal point established in the judgment is the importance of interpreting contractual provisions in accordance with their plain language and the grounds for challenging an award under Sectio....
The court upheld that materially adverse effects on toll collections justified the arbitral tribunal's conclusion of a material breach leading to terminal payments under the Concession Agreement.
The findings of the Arbitrator, that the claimants are not entitled to damages from the respondents; the breach of the MOU on the part of the KMDA, recorded before the Arbitrator, are sustainable and....
An arbitral award can only be set aside under Section 34 of the Arbitration and Conciliation Act, 1996 if the appellant establishes that the award is in conflict with the public policy of India, is p....
Appeal against arbitral award – Scope of jurisdiction under Section 34 and Section 37 of Act is not akin to normal appellate jurisdiction – Mere possibility of an alternative view on facts or interpr....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
