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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, C.J., D.N.RAY
Arvind Mills Ltd. – Appellant
Versus
Bharat Heavy Electrical Ltd. – Respondent
| Table of Content |
|---|
| 1. facts surrounding the arbitration case. (Para 1 , 2 , 3) |
| 2. parties contest the validity of the arbitrator's award. (Para 4 , 5 , 6) |
| 3. court identifies procedural shortcomings in arbitrator's decision. (Para 7 , 8 , 9 , 10 , 11) |
| 4. court analyzes parties' arguments and appointed procedural details. (Para 12 , 14 , 15) |
| 5. conditions of contract specifying wind data validity questions. (Para 19 , 20 , 21) |
| 6. clarification of whether wind data must pertain to the actual site. (Para 22 , 25 , 26 , 32) |
| 7. final decision reinstating the arbitral award based on established facts. (Para 121 , 126 , 128) |
JUDGMENT :
Sunita Agarwal, C.J., D.N.Ray, J.
1. This is an old appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (in short as ‘the Act, 1996’) of the year 2007, challenging the judgment and order dated 02.01.2007 passed by the Court of City Civil Judge, Ahmedabad in allowing the Civil Misc. Application No. 51 of 2004 under the Act, 1996, whereby the award dated 15th October, 2003 passed by the learned sole Arbitrator has been set aside in part.
2. The facts, in brief, for effective adjudication of the present appeal are to be noted at the outset. Bharat H
The scope of an arbitrator's authority includes adherence to contract terms, and errors in jurisdiction arise from deviations from those terms, leading to the reinstatement of the original arbitral a....
Registry is directed and delegated by the Court to determine the costs as per the Bill of Costs submitted by the plaintiff in accordance with Section 35 of C.P.C., as amended by the Commercial Courts....
The court affirmed the validity of the arbitrator's award based on the parties' agreements, jurisdiction over disputes, and the authority to award interest, emphasizing that detailed individual findi....
The court affirmed that limited judicial review under Section 34 of the Arbitration Act does not allow for re-evaluation of arbitration awards unless they are demonstrably perverse, illegal, or devoi....
The encashment of a performance bank guarantee does not require proof of loss, but must comply with the contract's terms; failure to evaluate these terms constitutes patent illegality.
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