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ABDUL QUDDHOSE
Oriental Veneer Products Ltd. , Having Registered Office at: No. 36, Mohamadi Lakada Bazar, M. S. Road, Mumbai – Appellant
Versus
Union of India, Represented by its General Manager, Integral Coach Factory, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Section 34 (2) (a) and 2 (b) of the Arbitration and Conciliation Act, 1996 to set aside the Additional Award dated 25.09.2021 passed by Mr.K.V.Babu, Sole Arbitrator, in the arbitration proceeding between the petitioner and respondents arising out of Application No.1 of 2021 in O.P.No.125 of 2019 on the file of this Court for being against the public policy of India and patently illegal, therefore, liable to be set aside under Section 34 (2)(b) and 34 (2A) of the Act.)
1.This petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an order dated 25.09.2021 passed by the Arbitral Tribunal under Section 33 of the Arbitration and Conciliation Act, dismissing the application filed by the petitioner, seeking for correction in the arbitral award dated 26.07.2021.
2. The contention of the petitioner is that, by inadvertence in the claim statement, they had disclosed the claim towards refund of liquidated damages as Rs.9,35,523/- instead of Rs.16,39,886/-.
3. The arbitral award dated 26.07.2021 was passed, pertaining to the dispute between the petitioner and the respondents which was sought to be corrected by the
An order under Section 33 of the Arbitration and Conciliation Act, seeking corrections of the arbitral award, cannot be challenged under Section 34 of the Act.
The main legal point established in the judgment is that an application for correction of an award must fall within the parameters of Section 33 (1) of the Arbitration and Conciliation Act, 1996, and....
An application under Section 33 for correction of an arbitral award cannot extend the limitation period for challenging that award under Section 34 if it seeks a substantive review.
The main legal point established in the judgment is that once an arbitral award becomes enforceable after the prescribed time limit, no further application under Section 33 of the Act can be entertai....
The arbitral tribunal cannot modify its award on merits under Section 33 of the Arbitration and Conciliation Act, 1996; it is limited to correcting clerical or arithmetical errors.
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 learned Arbitrator exceeded his jurisdiction in reviewing the Original Award under Section 33 of the Arbitration and Conciliation Act, 1996.
Remission under Section 34(4) is limited to correcting curable defects and cannot be used for a review of the award.
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