MANMOHAN, MINI PUSHKARNA
Kamal Kumar – Appellant
Versus
Municipal Corporation of Delhi – Respondent
JUDGMENT
Mini Pushkarna, J. (Oral) - The present appeal has been filed under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as the "Arbitration Act") read with Section 13 of the Commercial Courts Act, 2015 challenging the Judgment dated 10th December, 2021 passed by the learned District Judge, Tis Hazari Courts, New Delhi in petition bearing Arb. A.(Comm) 74/2018. By way of the impugned Judgment, petition filed on behalf of the appellant under Section 34 of the Arbitration Act seeking setting aside of the Arbitral Award dated 15th January, 2017 passed by the learned Sole Arbitrator, was dismissed.
2. Facts stated in brief as canvassed before the learned Arbitrator, are as follows:
2.1. The respondent/Municipal Corporation of Delhi (MCD) floated a tender for allotment of a parking site for scooters and cars in the area DC at West Old Middle School. The appellant participated in the said tender by submitting his bid, which was accepted by the respondent. Pursuant thereto, a provisional offer letter dated 12th December, 2007 was issued by the respondent.
2.2. Subsequently, on 07th January, 2008, a formal agreement was executed between the parties, whi
Aravali Power Co. (P) Ltd. v. Era Infra Engg. Ltd.
BCCI v. Kochi Cricket (P) Ltd.
Rajasthan Small Industries Corporation Limited Vs. Ganesh Containers Movers Syndicate
Objection to arbitral tribunal constitution waived if not raised under Section 16 before statement of defence; 2015 Amendment's disqualification provisions inapplicable to pre-commencement proceeding....
The interpretation of 'as is where is' clause does not absolve the vendor of responsibility for delivering an operational property; oral assurances prior to contract affect enforceability.
An arbitral award may be set aside if made after expiry of the arbitrator's mandate or due to undue delay impacting its validity, reflecting violations of natural justice.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.