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VIBHU BAKHRU, AMIT MAHAJAN
K. R. Anand – Appellant
Versus
Navayuga Engineering Co. Ltd. – Respondent
JUDGMENT
Vibhu Bakhru, J.
1. The appellant has filed the present appeal under Section 37(1)(c) of the Arbitration & Conciliation Act, 1996 (hereafter `the A&C Act') impugning an order dated 27.11.2018 (hereafter `the impugned order') passed by the learned Single Judge rejecting the appellant's petition [being OMP(COMM) No.27/2018 captioned Shri K.R. Anand v. Navayuga Engineering Co. Ltd. The appellant had filed the said petition under Section 34 of the A&C Act seeking to set aside an arbitral award dated 16.11.2017 (hereafter `the impugned award').
2. The impugned award was rendered in the context of disputes that have arisen between the parties in connection with the Sub Contract Agreement dated 10.12.2004.
Factual Context:
3. In the year 2004-05, the respondent was awarded a contract bearing no. 10/EE-I/PF P/2004-05 relating to construction of a bridge across river Yamuna near Geeta Colony, Delhi by the Public Works Department, Delhi (hereafter the `PWD').
4. Thereafter, on 10.12.2004, the respondent sub-contracted a part of the works, as contained in Section II of the Bill of Quantities, to the appellant in terms of the Sub Contract Agreement (hereafter `the Agreement'). The c
Failure to raise claims for escalation in a timely manner and acceptance of payments in full and final settlement preclude further claims.
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 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 ....
The court affirmed that an arbitral award can be set aside if it contravenes the terms of the contract or exceeds the jurisdiction of the arbitrator, emphasizing the importance of notified claims.
Arbitration - Application for setting aside of arbitral Award - Award of interest at rate of 18% per annum from date of award is not in consonance with observations made by Arbitral Tribunal, which r....
In terms of Section 21 of the A&C Act, the arbitral proceedings commence on the date of receipt of notice invoking the arbitration agreement.
Point of law: In terms of Section 21 of the A&C Act, the arbitral proceedings commence on the date of receipt of notice invoking the arbitration agreement.
The court reaffirmed that interference with arbitral awards is restricted to specific legal grounds, emphasizing the finality of arbitrator decisions based on contractual terms.
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