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VIBHU BAKHRU, PURUSHAINDRA KUMAR
Union of India – Appellant
Versus
Indian Agro Marketing Co-operative Ltd. – Respondent
JUDGMENT
Vibhu Bakhru, J. (ORAL)
1. The appellants have filed the present application under Section 37 of the Arbitration and Conciliation Act, 1996 (hereafter `A&C Act') impugning a judgment dated 28.04.2022 (hereafter `the impugned judgment') passed by the learned Commercial Court in OMP(COMM) 136/2019 captioned Union of India and Anr. v. M/s Indian Agro Marketing Co-operative Limited.
2. The appellants had filed the said application before the learned Commercial Court under Section 34 of the A&C Act impugning an Arbitral Award dated 07.05.2019 (hereafter `the impugned award') passed by the Arbitral Tribunal comprising of a Sole Arbitrator (hereafter `the Arbitral Tribunal').
3. The appellants had circulated a Tender Enquiry on 19.12.2011 for the procurement of 5450 metric tons of Gram Whole for the defence services. The respondent participated in the tendering process and was awarded the contract for the supply of 850 metric tons of Gram Whole in terms of the Letter of Acceptance dated 09.02.2012. The said goods (Gram Whole) were to be delivered between 01.06.2012 and 30.06.2012 and the price was agreed at Rs.3,583/- per quintal.
4. The respondent furnished a security f
An arbitral award may not be set aside unless there is patent illegality, which must go to the root of the matter; mere non-performance or absence of evidence for loss does not invalidate the award.
The court emphasized the importance of adhering to contract terms and the requirement for proof of loss or damage before invoking a Bank Guarantee.
The Court emphasized the limited scope of interference with an arbitral award and the requirement to establish actual losses or damages before claiming 'general damages' or forfeiture of Bank Guarant....
The main legal point established in the judgment is that the court's interference with an arbitral award is limited to specific grounds, and it does not undertake an independent assessment of the mer....
The court emphasized that an arbitral award must be reasoned and address core contractual issues, with judicial intervention restricted to cases of patent illegality under Section 34 of the Arbitrati....
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....
The court held that claims for arbitration are not barred by limitation if ongoing negotiations substantiate the cause of action arising upon refusal of payment, not upon contract completion.
The court clarified the limited grounds for interference with arbitral awards under Section 34 and emphasized the importance of timely goods delivery in contractual obligations.
The main legal point established in the judgment is the limited grounds for challenging arbitral awards under Section 34 of the A&C Act, emphasizing the principles of public policy and fundamental In....
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