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DELHI HIGH COURT
VIBHU BAKHRU
Union of India – Appellant
Versus
Om Vajrakaya Construction Company – Respondent
JUDGMENT
Vibhu Bakhru, J.
1. The petitioner (hereinafter the `Railway') has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the `A&C Act') impugning an arbitral award dated 08.04.2020 (hereinafter the `impugned award') passed by the Arbitral Tribunal constituted by Justice (Retd.) Anil Kumar as the Sole Arbitrator (hereinafter the `Arbitral Tribunal').
2. The impugned award was rendered in the context of disputes that have arisen between the parties in relation to a contract signed between the parties on 16.12.2011 (hereafter the `Contract').
Factual Matrix
3. On 13.01.2011, tenders were invited by the Railway for work described as `Earth work in filling for embankment with contractor's own earth and cutting to the required profile, Blanketing materials including compaction by vibratory roller, construction/extension of minor bridges less than 6.00 m, retaining wall and other allied works from Ch 0.00 km to Ch 22.71 kms between Ambala Cantt-Dhappar railway Stations in connection with Ambala-Dhappar doubling on UMB-KLK Section, with the overall supervisory control of the Dy. Chief Engineer/C Ambala, Northern Railway.' (her
The Arbitral Tribunal's awards of costs and findings on execution delays were upheld, but the award of pendente lite interest was set aside for being contrary to the governing contractual provisions.
The court upheld the principle that the award of interest and costs in arbitration proceedings should be in accordance with the contract and the provisions of the Arbitration and Conciliation Act, 19....
The court upheld the learned Single Judge's ruling that claims not disclosed under the contract clauses and issues related to 'No Claim' certificates are non-recoverable, emphasizing the importance o....
The court upheld the tribunal's award, concluding that the claims did not fall under 'excepted matters' and corroborated the contractor's entitlement to claims based on inadequate adjudication by the....
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....
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 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 ....
Point of law: 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....
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