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VIBHU BAKHRU
Airports Authority Of India – Appellant
Versus
Bentwood Seating System (P) Ltd. – Respondent
JUDGMENT
Vibhu Bakhru, J. - Airport Authority of India (hereafter 'AAI'), is a Statutory Body constituted under the Airports Authority of India Act, 1994. It has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the 'A&C Act') impugning an arbitral award dated 13.03.3019 (hereafter the 'impugned award') made by the Arbitral Tribunal comprising of a former Chief Justice of India as the Sole Arbitrator.
2. The impugned award was rendered in respect of disputes that had arisen between the parties in relation to a Purchase Order dated 13.07.2017 for the supply of four thousand stainless steel passenger baggage trolleys (hereafter 'PBTs') along with their comprehensive annual maintenance contract.
3. On 11.04.2017, AAI issued a Notice Inviting Tenders (hereafter 'NIT') being Tender No. Tech/06/2017 for "Supply and Comprehensive Annual Maintenance Contract" (hereafter 'CAMC') of four thousand stainless steel PBTs at thirteen airports at an estimated tender cost of Rs. 5.42 crores. Out of the above estimated amount, a sum of Rs. 39,81,16
The court held that the contract could not be terminated on the ground of delay as the Airport Authority of India (AAI) had waived the requirement of 'time being the essence'. The court also found th....
The failure to address a fundamental issue in an Arbitral Award, such as the issue of fraud, cannot be cured by taking recourse to Section 34(4) of the Arbitration and Conciliation Act, 1996.
Arbitration rulings require justifiable reasons for contract termination, affirming that unilateral actions without attributed fault violate contractual obligations.
The encashment of a performance bank guarantee does not require proof of loss, but must comply with the contract's terms; failure to evaluate these terms constitutes patent illegality.
The main legal point established in the judgment is the wrongful suspension of the Supply Order and the erroneous award of loss of profit under the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is that the decision of the Arbitral Tribunal must be based on evidence and material on record, and the Court will not interfere with the award unless....
The court emphasized the importance of relevant and admissible evidence in arbitration proceedings and highlighted the need for justifiable quantification of damages.
The court emphasized the importance of adhering to contract terms and the requirement for proof of loss or damage before invoking a Bank Guarantee.
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