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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
MBL Infrastructures Ltd. – Appellant
Versus
Telecommunication Consultants of India – Respondent
| Table of Content |
|---|
| 1. factual background of the dispute. (Para 1 , 2) |
| 2. court's analysis on the learned single judge's modifications. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. judgment emphasized limited powers under section 34. (Para 20 , 21) |
JUDGMENT
Talwant Singh, J.:
FAO(OS) (COMM) 70/2021
1. This is an appeal preferred under Section 37(1)(C) of the Arbitration and Conciliation Act, 1996 (in short "Act") read with Section 13 of the Commercial Courts Act filed by MBL Infrastructure Limited (MBL), challenging judgement dated 10.02.2021 passed in OMP (COMM) 507/2020, limited to the setting aside of the Award with respect to Claim No.1 (partially) and Claim No.7 (B) (C) and (D). The prayer clause of the appeal is reproduced here under:
"a) Allow the present appeal and set aside the impugned judgment dated 10.02.2021 in OMP (Comm.) No.507 of 2020 titled "Telecommunication Consultant India Ltd. Vs. M/s MBL Infrastructures Ltd" in so far as the award with respect to Claim no. 1 (partially) and claim no. 7 (B) (C) & (D) have been partially set aside by this Hon'ble Court.
b) Grant cost of the present proceeding in favour of the appellant and against the respondent; and
c) Issue any
The court emphasized that judicial intervention in arbitral awards is limited to setting aside, not modifying, reaffirming the principle established in prior rulings prohibiting alteration of arbitra....
An arbitral award can be set aside if it is found to be patently illegal or if there are errors apparent on the face of the award.
The arbitral tribunal's awards must be founded on evidence; awards lacking sufficient support can be overturned on appeal.
The appeal was allowed, reinstating the arbitrator's award which concluded that the termination of the contract was illegal due to failure in fulfilling mutual obligations concerning site availabilit....
The court clarified that its jurisdiction under Section 34 of the Arbitration and Conciliation Act is limited to setting aside the arbitral award based on specific grounds and does not extend to modi....
The court can set aside an arbitral award under Section 34 if it violates substantive law, contract terms, or public policy, especially when procedural requirements aren't met or if the award is pate....
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....
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