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VINOD CHATERJI KOUL
Union Territory of J. &K. – Appellant
Versus
S. P. Singla Constructions Pvt. Ltd. – Respondent
JUDGMENT :
1. This Appeal under Section 37 of J&K Arbitration and Conciliation Act, 1997 (for short “Act”) has been preferred against judgement dated 1st February 2020, passed by Principal District Judge, Srinagar, in a petition under Section 34 of the Act, titled as Chief Engineer Mughal Road Project v. M/s S.P. Singla Constructions Private Limited in File no.02/2018 Arbitration and for setting aside the same on the grounds mentioned therein.
2. The case set up by appellant is that an/ NIT no. 01/2020 dated 31st April 2010, was issued by Superintending Engineer, Mughal Road Project, on behalf of Governor of erstwhile State of J&K, inviting tenders for construction of seven bridges on Shopian-Bafliaz Section of Mughal Road. Respondent also participated and being successful in bidding process was awarded the contract on Turnkey Basis for a contract price of Rs.55.75 Crores vide Agreement no. CE/MRP Agreement/2 of 2010 dated 14th October 2010. The contract was for design and construction of Seven number of steel trussed girder (double lane) bridges of different spans having aggregate l
The main legal point established in the judgment is the importance of compliance with the notice of claim provision in the FIDIC Contract and the requirement for the contractor to raise disputes or c....
An arbitrator's award may be upheld if it conforms to contract terms, despite challenges regarding procedural compliance or interpretation, provided it does not contravene public policy.
Arbitration awards may be set aside if contrary to public policy or fundamental legal principles, emphasizing the importance of adhering to contractual terms regarding extensions and compensations.
Judicial review of arbitral awards is limited; courts should not interfere unless there is clear evidence of perversity or violation of public policy.
The court emphasized the requirement for the arbitrator to assign reasons in support of the award and the limited scope of interference by the court in arbitration awards.
Setting aside arbitral award – Courts, while adjudging whether an arbitration award calls for interference has to be conscious that Arbitrator is sole Judge of facts – Unless an error of law is shown....
An arbitrator may award escalated costs due to employer delay despite prohibitory clauses, reinforcing that delays affecting contractor performance can lead to compensatory claims.
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