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CHANDRA DHARI SINGH
GMR Pochanpalli Expressways Limited – Appellant
Versus
National Highways Authority of India – Respondent
| Table of Content |
|---|
| 1. facts of the concession agreement and disputes. (Para 2 , 3 , 4 , 5) |
| 2. details on amount deductions and disputes arising. (Para 6 , 7 , 8) |
| 3. petitioner's arguments against the deductions made. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. respondent's counterarguments and objections. (Para 16 , 17 , 18 , 19 , 20) |
| 5. court's observations on interim measures under section 9. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 6. conclusion on the maintainability of the petition. (Para 36) |
| 7. final dismissal of the petition. (Para 38 , 39) |
ORDER
Chandra Dhari Singh, J. (Oral)--The instant petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter "Arbitration Act") read with Section 2(1) of the Commercial Courts Act, 2015 has been filed on behalf of the petitioner seeking the following reliefs:
"i. Pass an order of mandatory injunction directing the Respondent to reimburse/release the amount of Rs. 12,56,72,430/- which has been deducted illegally and arbitrarily by the Respondent in breach of the Arbitral Award from the 22nd Annuity paid to the Petitioner under the Concession Agreement dated 31.03.2006 along with interest
A court cannot grant permanent relief under Section 9 of the Arbitration and Conciliation Act, as its provisions are limited to interim measures to support arbitration, not for final outcomes.
The relief sought under Section 9 of the Arbitration Act is interim in nature and cannot be a permanent measure.
The main legal point established in the judgment is the wide powers of the court under Section 9 of the Arbitration and Conciliation Act, 1996 to grant interim measures and protect the subject matter....
An Arbitral Tribunal under the Arbitration and Conciliation Act cannot grant interim orders that effectively render final decisions on substantive claims, as this exceeds its jurisdiction.
The limited grounds for interference with an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, emphasize the concept of patent illegality and the criteria for setting asi....
An arbitrator must adhere to the contractual terms regarding interest, and if parties explicitly waive interest claims, such claim cannot be awarded under Section 34 of the Arbitration and Conciliati....
The award holder can seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 until the complete satisfaction of the award.
Limited grounds for interference with an Arbitral Award under Section 34 of the Arbitration Act
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