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VIBHU BAKHRU
Gail (india) Ltd. – Appellant
Versus
Gupta Bros (india) – Respondent
JUDGMENT
Vibhu Bakhru, J. - Introduction
1. GAIL (India) Ltd. (hereinafter 'GAIL') has filed the present petition under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the 'A&C Act') impugning an arbitral award dated 31.07.2018 (hereinafter the 'impugned award') delivered by an Arbitral Tribunal constituted of Justice (Retd.) Aftab Alam, former Judge of the Supreme Court as the Sole Arbitrator (hereinafter the 'Arbitral Tribunal').
2. The impugned award was rendered in the context of disputes that have arisen between the parties in connection with a contract for construction of a residential colony for the employees of GAIL who are employed at LPG Recovery Plant at Ghandhar, District Bharuch, Gujarat (hereafter 'the Contract'). GAIL had terminated the Contract alleging that the respondent, M/s Gupta Bros (India), had failed to perform its obligations and complete the work within the stipulated period.
3. GAIL had, thereafter, engaged another contractor for completion of the balance work at the risk and costs of the respondent. GAIL claimed that in terms of the
The termination of a contract can be deemed wrongful if it is primarily due to the actions of the party seeking termination and if the party fails to provide essential documentation or withholds paym....
The court reaffirmed the need for parties to substantiate claims with primary evidence in arbitration proceedings while respecting the arbitrator's discretion unless a clear patent illegality is prov....
The Arbitral Tribunal's decision to award refunds related to price reductions and bank charges was upheld, demonstrating the limited grounds for court interference under the Arbitration and Conciliat....
The issuance of a No Claim Certificate under coercion does not negate a party's claims, and contractual requirements for communication in risk transfer are mandatory.
The main legal point established in the judgment is that the decision of the arbitral Tribunal is entitled to substantial discretion in awarding interest, and the court does not sit as the first appe....
The No Claim Certificate was invalid due to coercion, allowing the party to assert claims under the contract notwithstanding the issuance of such certificate.
The main legal point established is that disputes can be arbitrable despite fraud allegations, and the court has the authority to appoint a Sole Arbitrator to adjudicate disputes arising from a const....
An arbitral award can only be annulled on limited grounds of patent illegality or violation of public policy; mere errors in evidence appreciation do not suffice.
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