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M. SUNDAR
Empee Hotels Limited – Appellant
Versus
NCC Ltd. , (formerly M/s. Nagarjuna Construction Company Limited) – Respondent
ORDER :
(Prayer: Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the Award passed on 31.10.13 by the second respondent and render justice.)
Captioned 'Original Petition' ('OP' for the sake of brevity) was presented in this Court more than half a decade ago, on 24.01.2014 to be precise.
2. Captioned OP is an application under Section 34 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)', which shall hereinafter be referred to as 'A and C Act' for the sake of brevity, assailing an 'arbitral award dated 31.10.2013' (hereinafter 'impugned award' for the sake of brevity and convenience) made by an 'Arbitral Tribunal' ('AT' for the sake of brevity) constituted by a sole Arbitrator, who is a Chartered Engineer.
3. In this web-hearing, on a videoconferencing platform i.e., virtual Court, Ms.V.Rani, learned counsel representing the counsel on record for sole petitioner and Ms.Hema Srinivasan, learned counsel on record for contesting first respondent are before me.
4. Aforementioned both learned counsel consented for captioned OP being ta
The court upheld the arbitral award, emphasizing that the view taken by the arbitral tribunal did not demonstrate patent illegality or shock the conscience of the court, and therefore, the petition w....
The limited scope of intervention by Courts in arbitral awards under Section 34 of the Arbitration and Conciliation Act, emphasizing the need to satisfy specific grounds for setting aside an arbitral....
The main legal point established in the judgment is the narrow scope of interference with an Arbitral Award under Section 34 of the Act, 1996, and the emphasis on reasonableness, natural justice, and....
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....
Clauses in contracts that prohibit claims for damages are against public policy and void under Section 23 of the Indian Contract Act, 1872, as they undermine the sanctity of contracts.
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