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DELHI HIGH COURT
VIBHU BAKHRU
Gail (India) Limited – Appellant
Versus
Bansal Infratech Synergies Limited – Respondent
| Table of Content |
|---|
| 1. introduction and factual background of the case. (Para 1 , 2 , 3 , 4) |
| 2. claims made by the respondent. (Para 5 , 6) |
| 3. gail's defense against the claims. (Para 7 , 8) |
| 4. arbitral tribunal's finding on coercion and contract discharge. (Para 9 , 10) |
| 5. evaluation of claims regarding water and structural steel. (Para 11 , 12 , 13 , 14) |
| 6. arbitral tribunal's conclusion on compensation for delays. (Para 15 , 16) |
| 7. finding on delayed payments and interest awarded. (Para 17 , 18) |
| 8. interpretation of contract clauses related to water supply. (Para 19 , 20 , 21) |
| 9. evidence regarding water supply from gail. (Para 22 , 23) |
| 10. court's agreement with tribunal on structural steel claims. (Para 24 , 25) |
| 11. arguments on coercion and undue influence in claim processing. (Para 26 , 27 , 28 , 29) |
| 12. assessment of evidence supporting the coercion claim. (Para 30 , 31 , 32) |
| 13. rejection of counterarguments regarding claim substantiation. (Para 33 , 34) |
| 14. final dismissal of the petition. (Para 35) |
JUDGMENT
Vibhu Bakhru, J. GAIL (India) Limited (hereinafter `GAIL') has filed the present petition impugning an arbitral award dated 10.12.2020 (hereinafter `the impugned award') rendered by an
The No Claim Certificate was invalid due to coercion, allowing the party to assert claims under the contract notwithstanding the issuance of such certificate.
The Arbitral Tribunal's decision to award refunds related to price reductions and bank charges was upheld, demonstrating the limited grounds for court interference under the Arbitration and Conciliat....
The main legal point established in the judgment is that the decision of the arbitral Tribunal is entitled to substantial discretion in awarding interest, and the court does not sit as the first appe....
The termination of a contract can be deemed wrongful if it is primarily due to the actions of the party seeking termination and if the party fails to provide essential documentation or withholds paym....
The court reaffirmed the need for parties to substantiate claims with primary evidence in arbitration proceedings while respecting the arbitrator's discretion unless a clear patent illegality is prov....
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 main legal point established is that the issuance of a No Claim Certificate (NCC) under economic duress can invalidate its validity and preclude the claimant from raising any claim in connection ....
In terms of Section 21 of the A&C Act, the arbitral proceedings commence on the date of receipt of notice invoking the arbitration agreement.
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....
Claims raised after acceptance of payments are considered waived if not disputed timely, and allegations of coercion were deemed unfounded by the arbitrator.
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