Back
SHEKHAR B. SARAF
Gainwell Commosales Private Limited – Appellant
Versus
Minsol Limited (Formerly Cuprum Bagrodia Limited) – Respondent
JUDGMENT :
Shekhar B. Saraf, J.
1. The petitioner in the instant application [being A.P.O. No. 74 of 2022] under Section 37 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as ‘the Act’] is a company incorporated as per the provisions of the Companies Act, 2013. The petitioner is a major supplier of Caterpillar construction, mining and power solutions and is one of the market leaders in the business of manufacturing of High Wall Mining Systems.
2. The respondent is a company incorporated as per the provisions of the Companies Act, 2013 and it carries on business in mining activities.
3. The petitioner has challenged the Order dated July 22, 2022 [hereinafter referred to as the ‘Impugned Order’] passed by the learned arbitral tribunal consisting of three arbitrators [hereinafter referred to as ‘the Tribunal’]. An application for stay of the Impugned Order [IA NO. GA 1 of 2022 in A.P.O. No. 74] has also been filed. Both the applications are being conjointly decided.
Relevant Facts
4. The petitioner entered into a ‘Contract for supply of Gainwell High Wall Mining System’ dated May 10, 2019 [hereinafter referred to as ‘the Agreement’] with the respondent. The petitioner
Point of Law : Non-payment of escalation - Issue of whether the circumstances in which the appellant was placed, entitled him to plead force majeure, or not, is a pure question of fact.
An order passed by an authority without giving notice and opportunity of hearing to the affected parties is in violation of the principles of natural justice.
The court emphasized that an arbitral award must be reasoned and address core contractual issues, with judicial intervention restricted to cases of patent illegality under Section 34 of the Arbitrati....
The main legal point established in the judgment is that the order passed by the Arbitrator under section 17(1)(ii)(b) of the Arbitration and Conciliation Act, 1996 was a proper exercise of jurisdict....
An arbitral tribunal, while adjudicating an application for interim protection under Section 17, does not determine the lis between the parties.
Interim measures under the Arbitration and Conciliation Act allow arbitration tribunals to secure claims, especially under concerns of insolvency, as long as the actions align with just and convenien....
Principle of minimum judicial intervention is one of fundamental tenets of arbitration law.
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
