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NAVIN CHAWLA
Union of India – Appellant
Versus
Glove Civil Projects Pvt. Ltd. – Respondent
JUDGMENT :
Navin Chawla, J.
This petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’), challenging the Arbitral Award dated 28.02.2022, along with the amended Award dated 13.04.2022, passed by the learned Sole Arbitrator.
BRIEF BACKGROUND:
2. The disputes between the parties arose out of the ‘Contract Agreement no. PMSSY-II/ALIGARH/2011-12/PACKAGE-I for the Construction of New Emergency and Trauma Centre, OPD and OBG Blocks at Jawahar Lal Nehru Medical College, Aligarh Muslim University, Aligarh (U.P.)’. The subject Contract was awarded by the petitioner to the respondent vide Notice of Award dated 17.10.2011, with a contract value of Rs. 67,97,60,335/-. The stipulated time for completion of the contract was set at 21 months with effect from 01.11.2011, with a completion date of 31.07.2013. Admittedly, the work was completed with a delay of 32 months on 31.03.2016. The final bill was remitted by the petitioner to the respondent on 09.10.2017.
3. On 08.09.2018, the respondent invoked the arbitration agreement be
The interpretation of the contract is within the exclusive domain of the learned Arbitrator, and the court would not interfere with such interpretation.
The main legal point established in the judgment is the correct interpretation and application of contractual provisions in arbitration disputes.
The Court upheld the AT's findings regarding the attribution of delay, enforcement of NOC, and the allowance of the claim for escalation cost without a specific clause in the Contract, based on the n....
The Arbitral Tribunal's decision falls within its jurisdiction and does not amount to patent illegality, as it was based on a plausible interpretation of the exclusionary clause in the contracts and ....
The Arbitral Tribunal has considerable discretion in evaluating evidence and interpreting contract clauses, and its decision cannot be interfered with unless found to be patently illegal or in confli....
The court emphasized the requirement for the arbitrator to assign reasons in support of the award and the limited scope of interference by the court in arbitration awards.
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