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R. SUBRAMANIAN, R. SAKTHIVEL
Suryadev Alloys and Power Pvt. Ltd. – Appellant
Versus
East Coast Constructions & Industries Ltd. – Respondent
JUDGMENT :
R.SUBRAMANIAN, J.
Prayer: Original Side Appeal filed under Clause 15 of the Letter Patent r/w. Order 36 Rule 1 of O.S.Rules and Section 37 of the Arbitration and Conciliation Act, 1996, against the order dated 20.03.2019 passed in O.P.No.153 of 2019.
This appeal under Section 37 of the Arbitration and Conciliation Act is at the instance of the owner. Challenge is to the order of the learned single Judge made in O.P.No.153 of 2019, dismissing an application under Section 34 seeking to set aside the award that was granted in favour of the respondent herein by the sole Arbitrator.
2. The claim arose in the following backdrop:-
The appellant had floated tenders for erection of a power plant at New Gummidipooondi. The respondent had made its bid to carry out civil works in the said project and the tender was awarded by the appellant on 26.02.2011. The agreement was entered into between the parties on 16.05.2011 and the time for completion of the work was fixed at one year. The total value of the contract was fixed at Rs.20.16 crores. It is not in dispute that the total valuation of the work was reduced to Rs.12.24 crores by the appellant. The work was completed in March, 2013 and
The court affirmed the limited scope of review under Section 34 of the Arbitration and Conciliation Act, allowing for setting aside awards only on grounds of patent illegality or if the award is perv....
The court upheld the Arbitrator's findings that the rescission of the contract was unjust and delays were primarily attributable to the petitioner, affirming the award under Section 34 of the Arbitra....
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.
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