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VIBHU BAKHRU, GAURANG KANTH
Indian Oil Corporation Ltd. – Appellant
Versus
Institute of Geo Informatics Pvt. Ltd. – Respondent
JUDGMENT
Gaurang Kanth, J. By a common order dated order dated 23.08.2018, this court had disposed of the above captioned appeal as well as the appeal preferred by the respondent [FAO(OS)(COMM) 197/2017] against an order dated 14.09.2017 passed by the learned Single Judge. In OMP (COMM) 317/2017. The present appeal was taken up for hearing pursuant to the order dated 17.01.2020 passed by this Court, whereby the appellant's review petition (Review Petition No. 348/2018) seeking review of the order dated 23.08.2018 was allowed. The appellant had sought review of the said order dated 23.08.2018 on the ground that its challenge to rejection of counter-claims was not considered. The respondent has also filed a petition seeking review of the said order dated 23.08.2018 (Review Petition No. 361/2018), which was confined to setting aside the award of costs. This Court had disposed of the said petition by observing that the said aspect of costs would be considered at the time of disposal of the appeal.
2. The Learned Single Judge of this Court, vide order dated 04.09.2017 ("Impugned Order") in OMP (COMM) 317/2017 captioned as "Indian Oil Corporation Limited Pipelines Division (PLHO) Vs In
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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....
The right to file a counter-claim exists independent of any liberty granted by the Arbitral Tribunal, and an interim award is susceptible to challenge under Section 34 of the 1996 Act.
The court affirmed that an entity can claim compensation for work performed under a non-finalized contract if the work was conducted at the direction of another party, underscoring the principle of q....
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