Back
CHANDRA DHARI SINGH
Omaxe Ltd. – Appellant
Versus
Balvinder Kaur Nijjar – Respondent
JUDGMENT
Chandra Dhari Singh, J. The instant Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter `The Act, 1996') being aggrieved of the Award dated 20th March 2020 seeking the following reliefs:
"a. Pass an order summoning the entire original arbitral record from the Learned Sole Arbitrator in the arbitration proceedings arising out of Arbitration Petition No.20/2015 titled Jaswinder Singh & Anor. Vs. Omaxe Ltd.;
b. Pass an order thereby setting aside the impugned award dated 20.03.2020 passed in arbitration proceedings arising out of Arbitration Petition No.20/2015 titled Jaswinder Singh & Anor. Vs. Omaxe Ltd.;
c. Pass an order thereby allowing the Counter Claims made by the Petitioner in arbitration proceedings arising out of A Arbitration Petition No.20/2015 titled Jaswinder Singh & Anor. Vs. Omaxe Ltd.;
d. Stay the operation and execution of the impugned Award dated 20.03.2020 passed by the Learned Sole Arbitrator during the pendency of the present proceedings.
e. Pass an order allowing costs of the present proceedings in favour of the Petitioner and against the Respondents;
f. Pass any other or further order(s) deemed fit in the facts and circumstanc
Clauses in contracts that prohibit claims for damages are against public policy and void under Section 23 of the Indian Contract Act, 1872, as they undermine the sanctity of contracts.
The court upheld the Arbitrator's findings that the rescission of the contract was unjust and delays were primarily attributable to the petitioner, affirming the award under Section 34 of the Arbitra....
The main legal point established in the judgment is that the imposition of liquidated damages must be in line with the contractual terms, and the interpretation of contractual clauses and the waiver ....
The limited grounds for interference with an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, emphasize the concept of patent illegality and the criteria for setting asi....
(1) Application against arbitral award – Phrase ‘public policy’ does not indicate ‘a catch-all provision’ to challenge awards before an appellate forum on infinite grounds.(2) Whether time is of esse....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
