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D. BHARATHA CHAKRAVARTHY, T. RAJA
Transtonnelstroy – Afcons (JV) – Appellant
Versus
Chennai Metro Rail Ltd. – Respondent
JUDGMENT :
D. Bharatha Chakravarthy, J.
[Prayer in O.S.A(CAD).No.147 of 2021 : Original Side Appeal - Commercial Appellate Division filed under Section 13(1A) of Commercial Courts Act of 2015 and Order XXXVII Rule 1 of the Original Side Rules of the High Court of Madras, 1956 read with Section 37 of the Arbitration and Conciliation Act, 1996 to allow this appeal and set aside the order of the learned Single Judge, dated 28.10.2021, consequently, confirming the detailed, well-reasoned unanimous Arbitral Award, dated 07.05.2021 passed by the Tribunal.
Prayer in O.S.A(CAD).No.85 of 2022 : Original Side Appeal - Commercial Appellate Division filed under Section 13(1A) of Commercial Courts Act of 2015 and Section 37(2)(c) of the Arbitration and Conciliation Act, 1996 to allow this appeal and set aside the impugned common order, dated 28.10.2021 passed by the Court in Arbitration O.P. (Comm.Div.) No.96 of 2021, insofar as it grants liberty to the respondent to prove its claims for extension of time (EOT) under Claim Nos.1 and 2 in the existing cost related arbitration proceedings.
Prayer
The Arbitral Tribunal erred in calling for additional materials being the data entered into by the parties during the execution of the contract and the relevant software, from the claimant, well afte....
Scanned signed copy of the award/order of the Arbitral Tribunal to the parties would be a valid delivery as envisaged under Section 31(5) of the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is the limited scope of interference with an Arbitral Award under Section 34 of the Arbitration and Conciliation Act, 1996, and the requirement for th....
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