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MANMOHAN, DINESH KUMAR SHARMA
Delhi Development Authority – Appellant
Versus
Eros Resorts And Hotels Ltd. – Respondent
JUDGMENT :
DINESH KUMAR SHARMA, J
C.M.No. 14983/2022
Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of.
FAO (OS) (COMM) 75/2022
1. The present appeal under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of the High Courts Act, 2015 read with Section 37 (1) (c) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘Act’) has arisen out of the impugned order dated 22nd March 2021 in OMP (COMM) No. 455 of 2019 passed by learned Single Bench under Section 34 of the said Act. In the impugned order, the learned Single Judge has upheld the award of the Arbitral Tribunal pertaining to claim no. 1, however, the Tribunal set aside the award pertaining to claim No.2. It is pertinent to mention that the Arbitral Tribunal had rejected claim nos. 3 and 4 made by the respondents and rejected all the counterclaims raised by the appellant.
2. Short of the details, the facts in brief are that pursuant to a public notice issued by the appellant for auction of plots for the construction of hotel
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Arbitration - Arbitral Award - Form and contents of arbitral award - DDA issued a public notice for Auction of prime plots on freehold basis for construction of Hotels in Delhi - The mandate under Se....
The Court's power while exercising jurisdiction under Section 37 of the Act is limited, and it cannot undertake an independent assessment on the merits of the Award.
The appellate jurisdiction under section 37 is limited to the grounds prescribed under section 34. Courts cannot re-appreciate evidence or substitute their views for that of the arbitrator, provided ....
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