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CHANDRA DHARI SINGH
Mas Developers Pvt. Ltd. – Appellant
Versus
Magus Consortium Orchid Avenue (P) Ltd. – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
1. The instant petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter "the Act") has been filed on behalf of the petitioner seeking to set aside the impugned Award dated 10th July 2019 passed and published by the learned Sole Arbitrator.
FACTUAL MATRIX
2. The petitioner entered into an agreement of construction with the respondent vide Agreement dated 19th July 2013 (hereinafter "the Agreement"). The contract was awarded to the petitioner for construction of a multi-storeyed building in a residential society named as "Vedanta Minaret" situated in Indirapuram, Ghaziabad, Uttar Pradesh, which included a basement and stilt along with 28 floors. The period of completion of the project was stipulated to be 21 months from the date of commencement of work which had to begin after 5 days from the date of signing of the Agreement.
3. The project was not completed in the stipulated time and the parties again entered into an extension Agreement dated 1st September 2016 in which the completion date was fixed to be 30th November 2017. Thereafter, on 6th March 2018, when the construction work was going on, the respondent sent a
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The scope of interference with an Arbitral Award under Section 34 of the Arbitration and Conciliation Act, 1996 is fairly limited and narrow. The Courts shall not sit in an appeal while adjudicating ....
The court affirmed the limited scope of review under Section 34 of the Arbitration and Conciliation Act, emphasizing respect for arbitral awards unless stark violations of public policy or procedural....
An arbitrator's award may be upheld if it conforms to contract terms, despite challenges regarding procedural compliance or interpretation, provided it does not contravene public policy.
The limited scope of intervention by Courts in arbitral awards under Section 34 of the Arbitration and Conciliation Act, emphasizing the need to satisfy specific grounds for setting aside an arbitral....
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