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ALI MOHAMMAD MAGREY
MD and others (J&K Power Development Corporation) – Appellant
Versus
Trust House Construction Engineers and Builders – Respondent
JUDGMENT :
Ali Mohammad Magrey, J.
This Arbitration Appeal filed in terms of Section 37 of the Arbitration Conciliation Act, 1997, for short Act, is directed against the judgment dated 05.12.2020, for short impugned order, passed in the application filed under section 34 of the Act by the applicants/ appellants herein, whereby the application filed by the appellants, seeking setting aside of the Award passed by the Arbitrator, has been dismissed.
2. To understand the controversy in proper perspective the brief resume of the facts that led to the filing of this appeal, are taken note of in the first instance, thus:
3. In the year 1988, a work of construction, RCC Cut and Cover Conduit for a length of 477 meters from (-) 494 meters to RD (-) 17 meters of the Sumbal Link Channel in Upper Sindh Hydel Project USHP-II in November 1988 was allotted to the respondent contractor in terms of Chief Engineer USHP-II’s No. USHP-II/37 dated 5.11.1988.
4. The allotted work to the respondent/contractor, for execution as detailed hereinabove, got delayed due to eruption of militancy in the erstwhile State of J&K now Union Territory and the appellants offered a package of incentives viz. upward revisi
An arbitral award must stay within the bounds of the arbitration agreement; claims exceeding this scope can be annulled, underscoring limited judicial interference in arbitration matters.
The Court held that the learned Arbitrator had erred in decreeing the award with respect to the rate of interest, and hence, the Award qua issue no. 20 with regards to the rate of interest is liable ....
Claims in arbitration must be filed within the limitation period; time-barred claims render an arbitral award illegal and against public policy.
The appellate jurisdiction under section 37 is limited to the grounds prescribed under section 34. Courts cannot re-appreciate evidence or substitute their views for that of the arbitrator, provided ....
The court emphasized that arbitral awards should not be interfered with solely based on disagreements with findings, affirming the limited grounds for appeal under Section 34 of the Arbitration Act.
The court affirmed the limited scope of review under Section 34 of the Arbitration and Conciliation Act, emphasizing respect for arbitral awards unless stark violations of public policy or procedural....
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