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IN THE HIGH COURT OF DELHI AT NEW DELHI
PURUSHAINDRA KUMAR KAURAV
Ntpc Ltd Through Its Authorised Representative Mr. Salil Kumar Pandey – Appellant
Versus
Ampl Resources Private Limited (Erstwhile Ambey Mining Private Limited) Through Its Directors / Authorized Representative – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4 , 5) |
| 2. determining breach of contract (Para 6 , 8 , 10) |
| 3. legal evaluations of claims and defenses (Para 7 , 14 , 15 , 16 , 18) |
| 4. claims for costs and legal expenses (Para 11 , 12 , 20 , 21) |
| 5. final adjudication and dismissal of petitions (Para 49 , 51 , 52) |
JUDGMENT :
PURUSHAINDRA KUMAR KAURAV, J.
The present set of petitions has been filed both by the claimant as well as the respondent against the award dated 19.12.2024 (hereinafter referred to as the “impugned award”). The claimant, AMPL Resources Private Limited (hereinafter referred to as “petitioner”) is the petitioner in OMP (COMM) 240/2025 and the respondent, NTPC Limited (hereinafter referred to as the “respondent”), is the petitioner in OMP (COMM) 186/2025. The petitioner had instituted arbitration proceedings against the respondent seeking recovery of money allegedly due under Contract dated 17.12.2019 (hereinafter referred to as “the Contract”). In the impugned award, the claim of the petitioner has been partly allowed and the petitioner seeks severance and setting aside of the part rejecting its claim and award of the full claim in its favour. The respo
The non-breaching party is entitled to damages that place them in a position as if the contract had been performed, with the awarded loss of profits upheld based on reasonable calculations.
The Court emphasized the limited scope of jurisdiction under Section 34 of the Act and the need for evidence to support claims for loss of profit.
Court upheld the Arbitral Tribunal's decision based on the principle that interference is limited to cases of perversity, with findings deemed a plausible view of the evidence.
The need for evidence to establish loss of profits and the court's discretion to modify the interest rate as agreed upon by the parties.
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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