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PURUSHAINDRA KUMAR KAURAV, VIBHU BAKHRU
Delhi Paper Products Co. Pvt. Ltd. – Appellant
Versus
Union of India – Respondent
JUDGMENT
Vibhu Bakhru, J. The appellant has filed the present intra-court appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereafter `the A&C Act') impugning a judgement dated 01.11.2018 (hereafter `the impugned judgement') in OMP 1195/2012. The respondent had filed the said application (OMP 1195/2021) impugning the arbitral award dated 06.06.2012 (hereafter `the impugned award') under Section 34 of the A&C Act. By the impugned judgement, the learned Single Judge allowed the said application and set aside the impugned award.
Factual Context
2. The appellant is a company incorporated under the provisions of the Companies Act, 1956, having its registered office at 19, I.G.I, Gurgaon Road, Kapashera, New-Delhi-110037. It is involved in the business of supply of paper products (that is, fax rolls, computer paper, photocopier paper etc.) to various government departments and their ministries in India under annually renewed rate contracts with the Directorate General of Supplies and Disposal (DGS&D).
3. On 08.09.2000, the respondent awarded the appellant a Rate Contract bearing PP-3/RC-06011800/062000/Photocopier Paper/2000-2001/D-0488/DPPC/158 (hereafter `the contr
The court emphasized the importance of relevant and admissible evidence in arbitration proceedings and highlighted the need for justifiable quantification of damages.
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 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 judgment emphasizes the importance of fair play, natural justice, non-discrimination, equality, reasonableness, and proportionality in the process of blacklisting, and the need for a valid, parti....
The failure to address a fundamental issue in an Arbitral Award, such as the issue of fraud, cannot be cured by taking recourse to Section 34(4) of the Arbitration and Conciliation Act, 1996.
The principles of natural justice require that a party be given a fair opportunity to defend itself against allegations made against it. This includes the right to receive a copy of the evidence agai....
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