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NAJMI WAZIRI, SUDHIR KUMAR JAIN
Abhijeet Angul Sambalpur Toll Road Limited – Appellant
Versus
National Highways Authority of India – Respondent
JUDGMENT
Najmi Waziri, J. This appeal under section 37 of the Arbitration and Conciliation Act, 1996 (`the Act') impugns the order dated 28.02.2022 passed by the learned Single Judge in a section 34 petition [O.M.P. (Comm.) No. 224 of 2021 National Highways Authority of India vs. M/s Abhijeet Angul Sambalpur Toll Road Limited] The impugned order has set aside the order of the Arbitral Tribunal dated 26.08.2020. By majority decision the Arbitral Tribunal had declined to entertain two of the three counter-claims filed by the NHAI on the ground that except for the counter-claim for Rs.12.2 crores, the other two had been "filed without authority". It concluded that it "shall not entertain to adjudicate the other counter-claims". The Arbitral Tribunal then proceeded to consider only the counter-claim of Rs.12.2 crores. The impugned order of the learned Single Judge has held that the right to file a counter-claim exists independent of any liberty granted by the Arbitral Tribunal and it was always open to the Arbitral Tribunal, in exercise of the powers conferred by it under section 16 of the Act, to reject the counter-claims either on merits or on limitation or even on the ground that the
The right of the petitioner to file counter-claims exists independent of any liberty granted by the Arbitral Tribunal, and the decision of the Arbitral Tribunal can be challenged under Section 34 of ....
The right to file counter-claims in arbitration is independent of previous permissions, and decisions rejecting such claims qualify as interim awards subject to challenge under Section 34 of the Arbi....
The right to file counter-claims exists independent of any liberty granted by the arbitral tribunal, and the tribunal can reject counter-claims on various grounds. The definition of 'interim award' a....
An order dismissing an application under Section 23(3) of the Arbitration Act is procedural and not an interim award amenable to challenge under Section 34.
The Court upheld the Arbitral Tribunal's decision to award foreclosure compensation and reject the counterclaim, finding that the Tribunal's interpretation of the contract was within its jurisdiction....
The arbitration awards must only address claims within the contractual framework; arbitrary or excessive costs cannot be imposed against a party prevailing in the challenge to non-arbitrable claims.
The withdrawal of an amendment application does not invalidate a previously filed counter claim that is included in the arbitration reference.
The main legal point established in the judgment is the admissibility and weight of evidence under the Act, 1996, and the limited scope of interference under Sections 34 and 37 of the Act, 1996.
Not every procedural order by an Arbitral Tribunal constitutes an interim award; only orders that finally adjudicate substantive disputes qualify for challenge under Section 34 of the Arbitration and....
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