Back
DELHI HIGH COURT
VIBHU BAKHRU
Union of India – Appellant
Versus
NCC Limited – Respondent
| Table of Content |
|---|
| 1. delay applications (Para 1 , 2 , 3) |
| 2. background of contract (Para 4 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. grounds for impugning award (Para 5 , 17 , 22 , 23) |
| 4. tribunal's discretion in claims (Para 16 , 18 , 20 , 21 , 28 , 29) |
| 5. no demand certificate fulfillment (Para 24 , 25 , 26 , 27) |
| 6. outcome of the petition (Para 31 , 32) |
JUDGMENT
Vibhu Bakhru, J. (Oral)
I.A. 3836/2021 & I.A. 3840/2021
1. For the reasons stated in the application, the delay in filing as well as re-filing is condoned.
2. The application is disposed of.
I.A. 3837/2021 & I.A. 3838/2021
3. Allowed, subject to all just exceptions.
O.M.P. (COMM) 112/2021 & I.A. 3839/2021
4. The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the `A&C Act'), impugning the interim award (hereafter `the impugned award') passed by the Arbitral Tribunal comprising of a Sole Arbitrator. By the impugned award, the Arbitral Tribunal had directed that the Performance Bank Guarantee (Bank Guarantee No. 130391 BG 0000505) for a sum of Rs.15,06,31,160/-, furnished by the respondent (hereafter `NCC') be returned to NCC, with the attendant di
The court upheld the arbitral award directing the release of the performance bank guarantee, finding all contractual requirements were satisfied and counter claims were untimely.
The main legal point established in the judgment is the limited scope of interference in Arbitral Awards and the importance of complying with contractual conditions, such as the submission of a No De....
The court affirmed that a performance security cannot be withheld post-acknowledgment of contract performance, and interim relief must balance equities in arbitration under Section 17 of the Act.
Statutory limitation under Section 34 of the Arbitration Act is strict and cannot be relaxed without sufficient justification; defective petitions lead to being treated as non-est.
The main legal point established in the judgment is that the decision of the Arbitral Tribunal must be based on evidence and material on record, and the Court will not interfere with the award unless....
Point of Law : Arbitral Tribunal had erred in concluding that the petitioner had abandoned the works, is also unpersuasive. The finding that the petitioner had abandoned the works is a finding of fac....
The Arbitral Tribunal's decision falls within its jurisdiction and does not amount to patent illegality, as it was based on a plausible interpretation of the exclusionary clause in the contracts and ....
The Arbitral Tribunal has considerable discretion in evaluating evidence and interpreting contract clauses, and its decision cannot be interfered with unless found to be patently illegal or in confli....
An interim order can restrain the encashment of bank guarantees pending arbitration if there is a risk of irreparable harm to the aggrieved party.
The court emphasizes the right to arbitration under the contractual agreement when disputes arise, affirming the appointment of arbitrators for effective resolution.
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
