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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, AMIT MAHAJAN
Jones Lang Lasalle Building Operations Private Limited – Appellant
Versus
Techpark Maintenance Services Private Limited – Respondent
JUDGMENT :
ANIL KSHETARPAL, J.
1. Through the present Appeal, the Appellant/Claimant assails the correctness of the Judgment and Order dated 06.07.2024 [hereinafter referred to as 'Impugned Judgment'], passed by the learned District Judge [hereinafter referred to as 'LDJ'], whereby the petition filed by the Respondent under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as 'Act of 1996'] came to be allowed.
2. By way of the Impugned Judgment, the LDJ had set aside the Arbitral Award dated 17.11.2022 [hereinafter referred to as 'Arbitral Award'], in terms whereof the Appellant had been awarded, (i) a sum of Rs. 68,92,133.95/- towards the outstanding payment of invoices raised during the years 2013 and 2014; (ii) interest thereon at the rate of 12% per annum from the end of calendar month of the respective invoices until 27.04.2018; (iii) pendente lite interest at the rate of 12% per annum on the awarded amount from 28.04.2018 to 17.11.2022; (iv) post award interest at the rate of 12% per annum, if payment is made within 30 days of the award; failing which, interest at the rate of 18% per annum shall be applicable from the date of award till the actu
The appellate court affirmed that an arbitral award must demonstrate adequate reasoning connecting evidence to conclusions, without requiring extensive elaboration, to avoid interference under Sectio....
The court affirmed that judicial intervention in arbitral awards is limited to grounds of public policy or patent illegality, emphasizing respect for the Arbitrator's findings.
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 main legal point established in the judgment is the limited scope for interference with arbitral awards under the Arbitration and Conciliation Act, 1996, and the discretion of the Arbitrator in a....
A tribunal must follow natural justice principles, allowing parties to present evidence; failure to do so renders an award susceptible to being set aside.
Arbitral awards are upheld where the claims are barred by pre-existing certificates and where the burden of proof lies with the claimant to substantiate additional work claims.
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