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PANKAJ BHANDARI, CHANDRA KUMAR SONGARA
State Of Rajasthan – Appellant
Versus
R. C. C. L. Infrastructure Ltd. – Respondent
JUDGMENT
Pankaj Bhandari, J. - The appellant - State has preferred this Civil Miscellaneous Appeal under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as ’the Arbitration Act’) aggrieved by the order dated 23.01.2020 passed by the Judge, Commercial Court No.1, Jaipur whereby objections filed by the appellant under Section 34 of the Arbitration Act were rejected and against the award dated 18.03.2018 passed by the Sole Arbitrator, Justice Shiv Kumar Sharma (Retired).
2. Succinctly stated the facts of the case are that the appellant issued a notice inviting tender on 08.04.2002 for widening and strengthening of Sikar-Jhunjhunu-Loharu Road. A corrigendum was issued on 18.05.2002. The respondent submitted its bid on 27.06.2002 for Rs.46,19,88,000/- with an Internal Rate of Return (IRR) of 37.98%. The total concession period specified by the respondent was 103 months and 15 days, including 24 months required for construction of the Project. The bid of the respondent was lowest and was approved by the Empowered Committee on 05.12.2002 and a letter of acceptance was issued on 16.12.2002. In pursuance thereof, a Concession Agreement was entered into on 14.02
The main legal point established in the judgment is the importance of adhering to the provisions of the Concession Agreement and the limitations on the arbitrator's jurisdiction, as well as the requi....
The non-consideration of a clause in the Concession Agreement by the Arbitral Tribunal is not a ground to set aside the arbitral award, unless it is an error that goes into the root of the award and ....
Award of amount by Arbitrator in excess of claim is not justified.
The main legal point established in the judgment is the limited jurisdiction of the Court under Section 34 of the Arbitration and Conciliation Act, the interpretation of contractual terms and facts, ....
The court ruled that non-disclosure of material facts in arbitration proceedings constitutes grave misconduct, rendering the arbitral award illegal and overlapping with previous awards.
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