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VIBHU BAKHRU, TARA VITASTA GANJU
Power Grid Corporation of India Ltd. – Appellant
Versus
Jugendra Singh And Company – Respondent
JUDGMENT
Vibhu Bakhru, J. (Oral)
1. Power Grid Corporation of India Ltd. - a Public Sector Undertaking of the Government of India has filed the present appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereafter the A&C Act) impugning the judgement dated 26.05.2023 (hereafter the impugned judgement) passed by the learned Commercial Court in OMP (COMM) 55 of 2021 captioned M/s. Jugendra Singh & Company v. M/s. Power Grid Corporation of India Limited. The respondent - M/s. Jugendra Singh & Company - had filed the said application [OMP (COMM) 55 of 2021] under Section 34 of the A&C Act for setting aside an arbitral award dated 01.05.2021 (hereafter the impugned award) rendered by an Arbitral Tribunal comprising of a Sole Arbitrator.
2. The impugned award was rendered in the context of disputes arising out of an agreement (hereafter the Contract Agreement) entered into by the parties pursuant to a Letter of Award dated 08.06.2004 (hereafter the LOA).
FACTUAL CONTEXT
3. By virtue of the LOA the respondent was awarded the work for "Construction of residential buildings (B, C and D type quarters) at 400/220 KV Sub-Station, Mainpuri (UP)". The Contract Price was fixed
The main legal point established in the judgment is that the notice under Section 21 of the A&C Act must be received for the arbitration to commence, claims must be initiated within the limitation pe....
The court held that failure to disclose prior relationships with a party renders an arbitrator ineligible, thus invalidating the arbitral award under the Arbitration and Conciliation Act.
The court ruled that a notice invoking arbitration is deemed served if dispatched to the correct address, and disputes cannot be dismissed on limitation grounds when evidence suggests ongoing acknowl....
The main legal point established is the limited scope of examination under Section 11 of the A&C Act, which focuses solely on the existence of an arbitration agreement.
The unilateral appointment of an arbitrator is impermissible under the Arbitration and Conciliation Act, 1996, unless there is a valid express waiver of ineligibility subsequent to the dispute arisin....
The mandatory notice under Section 21 for arbitration commencement must be received, not just sent, and failure to disclose connections violates Section 12, compromising arbitration impartiality.
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