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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
NTPC Ltd. – Appellant
Versus
L And T - Mhps Boilers Pvt. Ltd. – Respondent
JUDGMENT
1. The present Appeals have been filed under Section 37 (1)(c) of the Arbitration and Conciliation Act, 1996 ("A&C Act") read with Section 13 of the Commercial Courts Act, 2015, challenging the Judgement dated 26.11.2021 passed by a Ld. Single Judge of this Court in OMP (COMM) 560/2020 and the Judgement dated 29.11.2021 passed by a Ld. Single Judge of this Court in OMP (COMM) 567/2020("Impugned Judgements").
2. Through the present Appeals, the Appellant has prayed that this Court sets aside the Impugned Judgements whereby the findings of the Ld. Arbitral Tribunals have been partially confirmed, and hold that the claims of the Respondent stand rejected.
3. Vide the Impugned Judgements, the Ld. Single Judge had partly allowed the Application of the Appellant herein, under Section 34 of the A&C Act, whereby it had challenged the awards of the Ld. Arbitral Tribunals constituted for adjudication of disputes emanating out of the contracts entered into between the parties herein. The Ld. Single Judge was pleased to partly set aside the arbitral awards dated 12.06.2020 in OMP (COMM) 560/2020, and 25.06.2020 in OMP (COMM) 567/2020("Impugned Awards").
4. Since the present Appeal
Point of law: Scope of examination under Section 34 is limited. The decision of the Arbitral Tribunal regarding consideration and interpretation of the Contract is final and this Court cannot supplan....
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The Arbitral Tribunal's interpretation of reimbursement based on actual costs incurred due to statutory changes is valid, despite disputes over contract terms, reinforcing the principle of contractua....
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The court affirmed that an entity can claim compensation for work performed under a non-finalized contract if the work was conducted at the direction of another party, underscoring the principle of q....
(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....
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