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VIBHU BAKHRU
Prium Verma – Appellant
Versus
Kedrion Biopharma India Pvt. Ltd. – Respondent
JUDGMENT
Vibhu Bakhru, J. - The petitioners have filed the present petition under Section 34 of the arbitration and Conciliation act, 1996 (hereafter the 'a&C act') impugning an arbitral award dated 20.09.2019 (hereafter the 'impugned award') rendered by an arbitral Tribunal comprising of a Sole arbitrator (hereafter the 'arbitral Tribunal').
2. The impugned award was rendered in respect of disputes that had arisen between the parties in connection with a Distribution agreement dated 05.02.2016 (hereafter the 'Distribution agreement').
3. In the year 2015, a partnership firm under the name and style, Qualichem Biologicals (hereafter the 'Firm') was constituted by three partners - Ms Jyoti Verma, Ms Prium Verma [the petitioner in OMP (Comm) 54/2020] and Ms Vineeta Sharma [represented through her legal representative Mr Pramod Sharma, as the petitioner in OMP (Comm) 502/2019].
4. The Firm was, inter alia, engaged in the business of distribution and sale of pharmaceutical products.
5. admittedly, Ms Jyoti Verma resigned from the Firm on 01.01.2015 and, the Firm was reconstituted with the existing partners (Ms Prium Verma and Ms Vineeta Sharma), holding equal shares in the Firm.
6. Respond
Arbitration Award- it is only in exceptional circumstances as provided in the Arbitration and Conciliation Act 1996, that the Court is entitled to intervene in the dispute, which was the subject matt....
The court emphasized that an award should not be made in contravention of statutory provisions and should consider evidence and admissions. The court also highlighted the principle of severability of....
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 upheld the arbitral award, confirming that the petitioner breached the contract and consent orders, making them liable for damages.
The necessity for a party alleging breach to establish actual damages applies to claims under liquidated damages clauses in contracts, reinforcing that unsubstantiated claims cannot be enforced.
Unless otherwise agreed by parties, either party may amend or supplement his claim or defense during course of arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow a....
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....
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