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VIBHU BAKHRU
Bsf Commandant – Appellant
Versus
Applied Communication And Controls – Respondent
JUDGMENT
Vibhu Bakhru, J. - The petitioners have filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the 'A&C Act') impugning an Arbitral Award dated 29.06.2020 (hereinafter the 'impugned award') passed by the Arbitral Tribunal comprising of the learned Sole Arbitrator.
2. The impugned award has been rendered in the context of disputes that had arisen between the parties in relation to a Supply Order dated 31.12.2013 (hereafter the 'Supply Order'). Petitioner No. 1 (hereafter 'BSF') had placed the Supply Order of eight hundred and fifty-five pieces of fogging machines on the respondent, a sole proprietorship concern of Shiv Kumar Sharma (hereafter 'ACC'). The said Supply Order was initially suspended and thereafter, terminated. In the meanwhile, ACC had manufactured and offered two hundred and forty-five machines for inspection.
3. By the impugned award, the Arbitral Tribunal has partly accepted the claims preferred by ACC. The Arbitral Tribunal accepted that the termination of the Supply Order was illegal and entered an award for a sum
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 court emphasized the importance of relevant and admissible evidence in arbitration proceedings and highlighted the need for justifiable quantification of damages.
An arbitrator's decision can only be challenged under limited grounds; violations must be significant to justify setting aside the award.
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 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 interpretation of contractual clauses by an Arbitrator cannot be interfered with unless it is unreasonable or against settled legal principles.
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....
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