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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
| Table of Content |
|---|
| 1. challenge against the impugned judgment (Para 1 , 2 , 3) |
| 2. factual backdrop of the commercial dispute (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. arguments by both parties (Para 16 , 17) |
| 4. court's observations on the limited scope of interference (Para 18 , 19 , 20 , 21 , 22) |
| 5. criteria for a reasoned arbitral award (Para 25 , 26 , 27 , 28) |
| 6. evaluation of the arbitral award (Para 29 , 30 , 31 , 32 , 35) |
| 7. assessment of claims and counterclaims (Para 40 , 42 , 46) |
| 8. conclusion and order on the appeal (Para 52 , 53 , 54 , 55 , 56) |
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 su
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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