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DELHI HIGH COURT
RAJIV SHAKDHER, POONAM A.BAMBA
Bharat Heavy Electricals Limited – Appellant
Versus
ABB India Ltd. – Respondent
| Table of Content |
|---|
| 1. bhel's purchase orders and bank guarantees. (Para 2) |
| 2. claims and counterclaims in arbitral proceedings. (Para 3) |
| 3. discussion on legal recovery principles. (Para 4) |
| 4. interpretation of clauses 9 and 22 of gcc. (Para 11) |
| 5. dismissal of appeals. (Para 20 , 21) |
JUDGMENT
Poonam A. Bamba, J. These appeals are preferred by the appellant Bharat Heavy Electricals Limited under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (Arbitration Act `in short') and Section 13 of Commercial Courts Act, 2015 against the common judgment dated 18.09.2021 (impugned judgment `in short') passed by the Learned District Judge (Commercial-2), South District, Saket Courts, New Delhi, (`Ld' District Judge, Commercial-2' in short) whereby two petitions under Section 34 Arbitration Act bearing numbers [OMP (COMM) No. 54/2021 and OMP (COMM) No. 56/2021)] filed by the appellant herein seeking setting aside of the consolidated award dated 02.06.2021 with respect of arbitration cases no. 02.03.2019 and 03.03.2019, were dismissed;
2. Briefly stating, facts relevant for disposal of these appeals are that the appellant BHEL placed two purchase orders on the respondent bearing no. PSN
The court upheld the arbitrator's award, emphasizing that even without precise evidence, reasonable estimates of damages are acceptable in arbitration, reaffirming the principle that awards must be l....
Judicial scrutiny under the Arbitration and Conciliation Act is limited; courts must respect arbitral awards unless proven to violate public policy or statutory obligations, affirming the principle t....
The court confirmed that arbitrators' findings on contractual breaches and damages claims must be upheld unless shown to be improper within limited review under Section 34 of the Arbitration Act.
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.
The arbitral tribunal can award pendente lite interest unless expressly prohibited by the contractual agreement.
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