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IN THE HIGH COURT OF DELHI AT NEW DELHI
V.KAMESWAR RAO, MANMEET PRITAM SINGH ARORA
Aloke Steels Industries Private Limited – Appellant
Versus
Aditya Birla Global Trading India Pvt. Ltd. Formerly Known As Swiss Singapore India Pvt Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of coal trading agreement (Para 3 , 4 , 5 , 6 , 7 , 9 , 10 , 11) |
| 2. appellant's arguments regarding damages and liability (Para 12) |
| 3. respondent's counterarguments on damages (Para 13) |
| 4. court's analysis of arbitration issues (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 5. appellant's claims regarding contractual interpretation (Para 26 , 27 , 28) |
| 6. court's evaluation of section 74 applicability (Para 29 , 30 , 32 , 33) |
| 7. distinction between contract clauses on damages (Para 34 , 35 , 36 , 37 , 38 , 39) |
| 8. limitations of raising new arguments post-arbitration (Para 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 9. final conclusion - dismissal of appeal (Para 47) |
JUDGMENT :
MANMEET PRITAM SINGH ARORA, J.
CM APPL. 6615/2026 (for exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
FAO (COMM) 32/2026
3. This is an appeal under section 37 of the Arbitration and Conciliation Act, 1996 (‘Act of 1996’), challenging the judgment dated 21.01.2026 (‘impugned judgment’), passed by the District Judge (Commercial Court-01) at Patiala House Courts.
4. The appellant/Aloke Steels Industries Private Limited, is engaged in the manufa
The court reaffirmed that a party's failure to raise specific contractual defenses during arbitration precludes them from asserting those defenses in subsequent petitions, maintaining the integrity o....
Claim for damages will remain confined to what is expressly provided under Agreement.
Arbitration Award - An Award however can be interfered with if it is found to be vulnerable under any of the grounds in Section 34 including being in contravention with the fundamental policy of Indi....
The court upheld the arbitral award of Rs.28 crores and interest for unlawful loan recall, emphasizing reasonable compensation principles based on contract terms and market realities.
The court can set aside an arbitral award under Section 34 if it violates substantive law, contract terms, or public policy, especially when procedural requirements aren't met or if the award is pate....
Actual damages must be proved for recovery in breach of contract. Clauses implying penalties cannot be enforced without valid demonstration of loss.
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