VIKRAMAJIT SEN, MANMOHAN SINGH
Sarvesh Chopra – Appellant
Versus
Ircon International Ltd. – Respondent
1. This Appeal assails the Judgment of the learned Single Judge dated 27.5.2008 by which the Objections of the Appellant under Section 34 of the Arbitration & Conciliation Act, 1996 (for short „A&C Act?) had been dismissed. The learned Single Judge opined that the Petitioner had “miserably failed to show that the award was in contravention of any law or was against the public policy of India or was contrary to the evidence on record or contrary to the contract”. The Arbitrator had concluded that
accord and satisfaction had been arrived at between the parties which was not vitiated by coercion or undue influence and hence was binding on the parties. In this analysis, it is evident that the Appeal assails concurrent findings of law and fact.
2. We have perused the subject Award passed by the Arbitrator which takes note of the pronouncement of the Hon?ble Supreme Court in some of the Judgments contained in the following Table:-
Case Name Bench Strength Citation
B.H.E.L. –vs- Amar Nath Bhan Prakash 2 (1982) 1 SCC 625
Union of India –vs- L.K. Ahuja 2 (1988) 3 SCC 76
State of Maharashtra –vs- Navbharat Builders 2 1991 Supp (1) SCC 68
P.K. Ramaiah –vs- NTPC 2 1994 S
1. B.H.E.L. v. Amar Nath Bhan Prakash
2. Union of India v. L.K. Ahuja
6. Jayesh Engineering Works v. New India Assurance Co. Ltd.
7. Union of India v. Popular Builders, Calcutta
8. NTPC v. Reshmi Constructions, Builders & Contractors
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