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VIBHU BAKHRU
Telecommunication Consultants India Ltd. – Appellant
Versus
Mbl Infrastructure Ltd. – Respondent
JUDGMENT
Vibhu Bakhru, J. - The petitioner 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 20.01.2020 (hereinafter the 'impugned award') passed by the Arbitral Tribunal comprising of three Arbitrators, Mr. O.P. Gaddhyan, Mr. Vipan Kumar and Justice (Retd.) Reva Khetrapal as the presiding arbitrator. Whilst Mr. O.P. Gaddhyan and Justice (Retd.) Reva Khetrapal delivered the impugned award by majority, Mr. Vipan Kumar entered a dissenting opinion on 23.01.2020.
2. The impugned award has been rendered in the context of disputes that have arisen between the parties in relation to an agreement dated 17.09.2008, as amended by an agreement dated 31.10.2008.
3. By the impugned award, the Arbitral Tribunal has partly accepted the claims preferred by the respondent. The Arbitral Tribunal has accepted that the total amount payable to the respondent in respect of its claim would be Rs. 5,91,36,814. The Tribunal further allowed interest at the rate of 12% per annum, as per normal banking norms o
An arbitral award can be set aside if it is found to be patently illegal or if there are errors apparent on the face of the award.
The arbitral tribunal's awards must be founded on evidence; awards lacking sufficient support can be overturned on appeal.
The court emphasized that judicial intervention in arbitral awards is limited to setting aside, not modifying, reaffirming the principle established in prior rulings prohibiting alteration of arbitra....
The court emphasized that arbitration awards must adhere strictly to contract terms regarding payment and interest, rejecting arbitrary reductions of entitlement.
The court held that the rejection of KMC's claims for escalation, additional payment, early completion bonus, and loss due to non-release of Performance Bank Guarantee was not illegal. However, the c....
The court upheld the arbitral award, confirming limitations and contractual adherence dictated the validity of claims and findings concerning 'accord and satisfaction' precluded further disputes.
The Arbitral Tribunal's jurisdiction to consider claim amounts and reject specific claims under the Arbitration and Conciliation Act, 1996.
The court upheld the validity of the arbitration agreement while emphasizing the necessity of clear evidence for quantifying damages, ruling that claims for compound interest were not accounted for i....
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....
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