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YOGESH KHANNA
National Highway Authority of India – Appellant
Versus
T. K. Toll Private Limited – Respondent
JUDGMENT
Yogesh Khanna, J.
I.A.Nos.1253/2023 in O.M.P. (COMM) 24/2023
1. This application is filed for stay of the enforcement of an arbitral award dated 01.10.2022 (hereinafter referred to as the "impugned award") as passed by Arbitral Tribunal consisting of Hon'ble Justice (Retd.) Shiva Kirti Singh, Presiding Arbitrator, Hon'ble Justice (Retd.) Amitava Roy and Hon'ble Justice (Retd.) Dilip Kumar Seth, on the ground the award passed by learned Arbitral Tribunal is patently illegal and is in contravention with the fundamental policy of Indian law and in conflict with the most basic notions of justice and morality. It is alleged the learned Arbitral Tribunal has passed the impugned award in violation of the principles of natural justice as contained in Section 18 and 34(2)(a)(iii) of the Arbitration and Conciliation Act, 1996.
2. The facts are:
a) On 11.12.2006 petitioner had invited bids on 11.12.2006 for design, engineering, finance, construction, operation and maintenance of Trichy - Karur Section from km 135.800 (Excluding Lalapet ROB) to Km 218.000 of National Highway-67 (NH-67) in the State of Tamil Nadu under NHDP Phase IIIA on build, operate and transfer (BOT) basis. The pro
The court held that the respondent's initiation of the execution of the supplementary agreement precluded the argument of coercion, and that the claims were not barred by limitation.
Point of Law - Limited scope of the jurisdiction of this Court vested in it by Section 34 of the 1996 Act, no occasion arises for this Court to revisit the said findings of the learned Arbitral Tribu....
Point of Law : Limited scope of the jurisdiction of this Court vested in it by Section 34 of the 1996 Act, no occasion arises for this Court to revisit the said findings of the learned Arbitral Tribu....
The court ruled that waivers in commercial contracts must be respected unless coercion is proven, clarifying that economic pressure does not inherently constitute duress.
The Court emphasized the limited scope of interference in appeals under Section 37 of the Arbitration Act and upheld the findings of the Arbitral Tribunal and the Single Judge based on plausibility a....
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