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ANOOP KUMAR DHAND
State Of Rajasthan Through Executive Engineer – Appellant
Versus
R. R. Constructions Company Through S. K. Damani – Respondent
JUDGMENT
1. Instant appeal has been preferred by the appellant under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ’the Act of 1996’) against the order dated 14.03.2016 passed by the Court of Additional District Judge No. 3, Jaipur Metropolitan, Jaipur (for short, ’the Court below’) by which the objections filed by the appellant against the award dated 16.12.2003 have been rejected.
2. The facts, in brief, of the case are that the appellant issued a tender notice dated 23.01.1991 for the development of the Sikar Road in four lane from Military Canteen to Municipal Limit 237 KM to 247 KM. The tender offered by the respondent was accepted and thereafter the work order was issued in favour of the respondent and the agreement was also executed. The work was to be commenced with effect from 26.03.1991 and it was supposed to be completed till 25.03.1992. The respondent had completed the work of amount of Rs. 34,51,573 when the amount was released the dispute arose between the parties and in terms of the agreement clause mentioned in the agreement the matter was referred to the Arbitrator for resolving the dispute between the parties. After considering
The limited jurisdiction provided to the court under Section 34 of the Arbitration and Conciliation Act, 1996, and the just and reasonable nature of the directions issued by the Arbitrator influenced....
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....
The court upheld the principle that arbitral awards should not be interfered with unless there is a clear violation of public policy or a patent illegality.
The court confirmed that judicial interference in arbitral awards is limited to specific grounds, emphasizing respect for the arbitral process and the finality of awards.
Setting aside arbitral award – Illegality must go to root of matter and cannot be of a trivial nature.
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 court emphasized the importance of substantiating claims regarding the excessiveness of interest rates and the need to provide evidence of prevailing interest rates when challenging arbitration a....
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