Back
DELHI HIGH COURT
VIBHU BAKHRU, AMIT MAHAJAN
Gammon India Limited – Appellant
Versus
National Highways Authority of India – Respondent
| Table of Content |
|---|
| 1. failure to complete contract on time. (Para 2 , 3 , 4) |
| 2. disputes underlying multiple arbitral proceedings. (Para 5 , 6) |
| 3. claims raised in second arbitration process. (Para 13 , 14 , 15 , 16 , 17) |
| 4. findings and awards in third arbitration. (Para 18 , 19 , 20 , 21 , 22) |
| 5. inconsistency of awards does not nullify individual awards. (Para 28 , 30 , 31) |
| 6. judicial approach towards separate arbitral awards. (Para 29 , 32 , 35 , 37) |
| 7. judicial discretion in handling overlapping arbitration disputes. (Para 38 , 39 , 40 , 41 , 42 , 44) |
JUDGMENT
Vibhu Bakhru, J. The appellants have filed the present intra court appeal under Section 37(1)(c) of the Arbitration & Conciliation Act, 1996 (hereafter `the A&C Act') impugning an order dated 23.06.2020 (hereafter `the impugned order') passed by the learned Single Judge. By the impugned order, the learned Single Judge dismissed the appellant's application under Section 34 of the A&C Act, numbered as OMP (Comm) 392/2020, seeking to set aside the arbitral award dated 21.02.2011(hereafter `the impugned award' or `the second award').
Factual Context
2. On 23.12.2000, a contract for the "Work of Widening To 4/6 Lanes and Strengtheni
Inconsistent findings across arbitral awards do not provide grounds for setting aside an award under Section 34 of the Arbitration & Conciliation Act, 1996.
An expulsion under a contract must have legitimate causes, and unjustified actions by one party render such expulsion illegal, reaffirming constraints under arbitration frameworks.
The arbitral Tribunal found NHaI's actions to expel the respondent from the site was unjustified and illegal based on various grounds, including the delay in granting Extension of Time (EOT) and the ....
The arbitral tribunal's decision to deny claims for damages due to lack of supporting evidence is valid under Section 34 of the Arbitration and Conciliation Act, emphasizing minimal judicial interfer....
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....
Arbitral awards may be composite if the issues relate closely, but interest must adhere to contractual terms.
NHAI is contractually obliged to pay 90% of the Debt Due to lenders irrespective of defaults by the concessionaire, with no deductions permitted.
The court confirmed the validity of the Arbitrator's findings regarding excess work claims and the correct application of interest, highlighting that overlapping interest claims were erroneous.
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
