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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
PEC Ltd. – Appellant
Versus
Badri Singh Vinimay Pvt. Ltd. – Respondent
| Table of Content |
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| 1. application under limitation act and its condonation. (Para 1 , 2) |
JUDGMENT :
CM APPL. 44315/2025 (for delay)
2. For the sufficient reasons stated in the application, the delay is condoned.
CM APPL. 44316/2025 (for exemption)
2. The application shall stand disposed of.
1. The present Appeal under Section 37 of the Arbitration and Conciliation Act, 1996, [1A&C Act]and Section 13 of the Commercial Courts Act, 2015 raises a challenge to the impugned Judgment dated 01.02.2025 passed by learned District Judge (Commercial Court-01), Patiala House Courts, New Delhi in ARBTN 3047/2018 titled as PEC Limited v. M/s Badri Singh Vinimay Pvt. Ltd. & Anr, wherein the Arbitral Award dated 02.04.2018, [The Award] has been upheld by the learned District Judge.
2. Shorn of unnecessary details, the crux of the present Appeal relates to Tender bearing No.PEC/PUL/DOM/TDR/XCVII/11, [The tender] which was floated by the Appellant on 27.08.2011 herein for the purpose of lifting of various kinds of crops and lentils, including 100 Metric Tons, [M.T.] of Canadian-origin Red Lentils, on the specific terms of “as is where is basis”. It is the stated case of the Appellant that the said tender provi
The 'as is where is' clause does not absolve the seller from delivering goods fit for consumption, especially when quality issues arise.
Patent illegality falls under the head of ‘Public Policy’
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....
An arbitral tribunal's jurisdiction is limited to the matters that are submitted to it for arbitration and that an arbitrator cannot exceed his or her jurisdiction by deciding matters that are not wi....
The interpretation of contractual clauses by an Arbitrator cannot be interfered with unless it is unreasonable or against settled legal principles.
The court affirmed that limited judicial review under Section 34 of the Arbitration Act does not allow for re-evaluation of arbitration awards unless they are demonstrably perverse, illegal, or devoi....
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