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DELHI HIGH COURT
SANJEEV NARULA
Vil Rohtak Jind Highway Pvt. Ltd. – Appellant
Versus
National Highways Authority of India – Respondent
| Table of Content |
|---|
| 1. details on the factual background and procedural history. (Para 1 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments regarding maintainability and nature of the order. (Para 10 , 11) |
| 3. court's analysis on the qualification of the order as an interim award. (Para 12 , 14 , 15 , 16 , 17 , 19 , 20 , 21) |
| 4. determination that the impugned order is not maintainable under section 34. (Para 22) |
| 5. dismissal of the petition with reference to further legal actions. (Para 23) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Sanjeev Narula, J. (Oral)--The Petitioner viz. VIL Rohtak Jind Highway Pvt. Ltd. has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"] seeking the setting aside of the impugned Order dated 25th September, 2021 passed by the Arbitral Tribunal - to the extent it disallows the amendment sought by Petitioner in respect of the Claim (b) qua termination payment due under the contract.
2. At the outset, the Respondent viz. National Highways Authority of India [hereinafter, "NHAI"], raises a preliminary objection qua the maintainability of the present petition on the ground that the impugned Order is not an "award or interim award
An order rejecting an amendment to a statement of claim is not an interim award under Section 34 of the Arbitration Act, as it does not determine substantive issues or rights in the arbitration.
The rejection of amendment applications in arbitration proceedings based on delay is not an interim award and cannot be challenged under Section 34 of the Arbitration and Conciliation Act.
Not every procedural order by an Arbitral Tribunal constitutes an interim award; only orders that finally adjudicate substantive disputes qualify for challenge under Section 34 of the Arbitration and....
The impugned order of the Tribunal cannot be said to be an award or even an interim award within the ambit of the Act of 1996.
An order terminating arbitral proceedings under Section 32(2)(c) of the A&C Act is not an award and can be challenged under Section 14(2) of the A&C Act. Delay in appointing an arbitrator may warrant....
The right to file counter-claims in arbitration is independent of previous permissions, and decisions rejecting such claims qualify as interim awards subject to challenge under Section 34 of the Arbi....
Judicial interference with an arbitral award under Section 34 is limited to specific grounds. Courts cannot re-appreciate evidence or substitute their own view. Where parties are given adequate notic....
Arbitration and Conciliation - Tender - Setting aside of Award - Context of not allowing new or fresh challenge after period of limitation does not mean that under Act, there are multiple petitions u....
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