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SUNITA AGARWAL, ANIRUDDHA P. MAYEE
Surat Municipal Corporation Through Commissioner – Appellant
Versus
Patel Engineering Co Ltd. – Respondent
| Table of Content |
|---|
| 1. background of arbitration process and claims (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments surrounding the validity of claimed adjustments (Para 10 , 11 , 12 , 13 , 14 , 15 , 17 , 18 , 19 , 22) |
| 3. judicial approach towards arbitration review (Para 20 , 21 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 4. legal principles regarding the scope of judicial review over arbitration awards. (Para 33) |
| 5. conclusions regarding the illegality of the arbitrator's award exceeding contractual terms. (Para 34 , 50) |
| 6. legal considerations for interference in arbitral awards (Para 35 , 38 , 40 , 42 , 46 , 51) |
| 7. final directions regarding computation of liabilities (Para 52 , 53 , 54) |
JUDGMENT :
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The instant appeal under Section 37 of the Arbitration and Conciliation Act, 1996 ( in short as “the Act’ 1996) is directed against the arbitral award dated 21.06.2005 and the judgement and order dated 02.07.2008 passed by the learned Principal District Judge, Surat under Section 34 of the Act’ 1996.
2. The appellant Surat Municipal Corporation (in short as “the SMC”) had entered into a contract with the respondent Patel Engineering
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