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VIBHU BAKHRU, AMIT MAHAJAN
Jop International Limited – Appellant
Versus
Multifold Group Contractor And Engineers – Respondent
JUDGMENT
Vibhu Bakhru, J.(Oral)
1. The appellant has filed the present appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereafter `the A&C Act') impugning a judgement dated 18.11.2022 (hereafter `the impugned judgement') passed by the learned Commercial Court in an application preferred by the respondent under Section 34 of the A&C Act.
2. The respondent had filed the said application seeking setting aside of the arbitral award dated 01.09.2018 (hereafter `the impugned award'). The impugned award was rendered in the context of the disputes that had arisen between the parties in connection with their agreement dated 22.03.2014 (hereafter `the Agreement'). In terms of the Agreement, the respondent had agreed to carry out construction and development of works in a project named `JOP Palms', located at Sector 28, Rohtak, Haryana (hereafter `the project').
3. The disputes were referred to an arbitral tribunal comprising of a sole arbitrator (hereafter `the Arbitral Tribunal'). The respondent had, inter alia, claimed a sum of Rs.17,04,755/- (Claim no.1). The said amount comprised of a sum of Rs.1,09,879/- due against the Running Account Bills and an amount o
The court clarified that its jurisdiction under Section 34 of the Arbitration and Conciliation Act is limited to setting aside the arbitral award based on specific grounds and does not extend to modi....
(1) Appeal against modified arbitral award – Merits of award are only to be gone into, if award is demonstrated to be contrary to public policy of India.(2) Arbitral proceedings are per se not compar....
The judgment emphasizes the limited grounds for interference with arbitral awards under Section 34 of the Arbitration and Conciliation Act, highlighting the need for restraint by courts while examini....
A Section 34 court cannot modify an arbitral award, as established by the Supreme Court in Hakeem, which overruled previous case law allowing such modifications.
The main legal point established is that under Section 34 of the Arbitration and Conciliation Act, 1996, the Court can partially or wholly set aside an Arbitral Award if the claims are separable and ....
The main legal point established in the judgment is that the court's power under Section 34 of the Arbitration and Conciliation Act, 1996 is limited to setting aside an award and does not extend to m....
(1) While exercising power under Section 34 of A & C Act, arbitral award can only be confirmed or set aside, but not modified.(2) Award passed by Arbitral Tribunal cannot be set aside on the ground t....
The court emphasized the limited grounds for setting aside an arbitral award under Section 34 of the A&C Act and the lack of power to modify, revise, or vary the terms of an award under this section.
An arbitral award must be supported by reasoning and evidence; a Minority Award is merely an opinion and cannot prevail over a Majority Award; the Court cannot modify an arbitral award.
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