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RAJNESH OSWAL
Chief Engineer, Upper Sindh Hydle Project – Appellant
Versus
Karam Chand Thapar and Bros (Coal Sales) Ltd. – Respondent
| Table of Content |
|---|
| 1. scope of arbitration and necessity of adherence to contract terms. (Para 1) |
| 2. contract completion and delays due to unforeseen events. (Para 2 , 3 , 4) |
| 3. details of claims submitted to arbitral tribunal. (Para 5 , 6) |
| 4. arguments on grounds for impugning the arbitral awards. (Para 7 , 8) |
| 5. dispute on tribunal's award and bounds of judicial interference. (Para 9 , 10) |
| 6. judicial approach towards arbitral award challenges. (Para 11 , 12 , 13 , 14) |
| 7. final decisions regarding claims and arbitration clarity. (Para 15) |
| 8. final judgment on award validity and claims sustenance. (Para 16 , 17) |
JUDGMENT :
RAJNESH OSWAL, J.
1. This application under section 34 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) has been preferred by the applicants for setting aside the award dated 25.03.2017, which includes the Majority Award issued by the Arbitrators, namely, Mr. Y.P. Singh and Mr. Sheikh Abdul Salam, as well as the Minority Award issued by Arbitrator, namely, Mr. Ali Mohd. Magray.
Facts:
2. Brief facts necessary for the disposal of the present application are that a contract for construction of the Tunnel RD 640-M to 3060-M of Sumbal Power Link Channel USHP Kan
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