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IN THE HIGH COURT OF DELHI AT NEW DELHI
NTPC LIMITED – Appellant
Versus
STARCON INFRA PROJECTS INDIA PVT LTD – Respondent
| Table of Content |
|---|
| 1. overview of the petition and facts of the case (Para 1 , 2) |
| 2. arguments regarding the jurisdiction and limits of arbitration (Para 3 , 4 , 5 , 6 , 7) |
| 3. court's analysis of interim awards and procedural orders (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. the ruling that the order is a procedural order, not an interim award (Para 24) |
| 5. dismissing the petition with observations (Para 25) |
JUDGMENT :
1. The Petitioner has approached this Court under Section 34 of the Arbitration & Conciliation Act, 1996 challenging the Order dated 11.04.2024 passed by the Arbitral Tribunal consisting of a Sole Arbitrator dismissing an application filed by the Petitioner/Counter-Claimant under Section 23(3) of the Arbitration and Conciliation Act, 1996.
2. Shorn of unnecessary details, the facts leading to the present petition are as under:-
i. It is stated that the Petitioner herein floated a tender for "Construction of Roads and Drains in Solapur STPP" for a total order value of Rs.22,35,16,730/-. It is stated that the Respondent made a bid. It is stated that a Letter of Award dated 18.10.2019 was issued in favour of the Respondent herein and the C
An order dismissing an application under Section 23(3) of the Arbitration Act is procedural and not an interim award amenable to challenge under Section 34.
Not every procedural order by an Arbitral Tribunal constitutes an interim award; only orders that finally adjudicate substantive disputes qualify for challenge under Section 34 of the Arbitration and....
An application under Section 33 for correction of an arbitral award cannot extend the limitation period for challenging that award under Section 34 if it seeks a substantive review.
The Court emphasized the importance of adhering to the statutory provisions of the Arbitration and Conciliation Act, particularly regarding the filing of Section 34 applications during the pendency o....
The judgment emphasizes the limited scope of interference with arbitral awards and the principle that courts should not interfere with arbitral awards unless there is a patent illegality or violation....
The period for challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act cannot be extended beyond the prescribed period, as the Act is a self-contained special law and t....
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