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M. SUNDAR, K. GOVINDARAJAN THILAKAVADI
Airports Authority of India, Represented by its Asst. General Manager – Appellant
Versus
URC Construction (P) Ltd. – Respondent
JUDGMENT :
M. Sundar, J.
This common order will now dispose of the captioned three intra-Court Appeals i.e., 'Original Side Appeals' {'OSAs' for the sake of brevity} and two 'Civil Miscellaneous Petitions' {hereinafter 'CMPs' for the sake of brevity} thereat.
2. Captioned OSAs have been filed in this 'Commercial Appellate Division' {hereinafter 'CAD' for the sake of brevity} assailing a 'common order dated 23.01.2020 made in O.P.Nos.1068 of 2018 and 108 of 2019' {hereinafter 'impugned common order' for the sake of convenience, clarity and brevity} on the file of Commercial Division of this Court.
3. When the captioned matter was taken up, Mr. M.S. Krishnan learned Senior Counsel for 'Airports Authority of India' {'AAI' for the sake of brevity} and Mr. P.J. Rishikesh, learned counsel along with Ms. Pravartha J. are before us.
4. Learned Senior Counsel for AAI and learned counsel for respondent very fairly submitted that the central theme in the captioned matters is modification of an award by a Section 34 Court i.e., principle that a Section 34 Court shall not modify an award is the obtaining position today vide Hakeem case [Project Director NHAI Vs. M. Hakeem reported in (2021) 9 SCC 1]
A Section 34 court cannot modify an arbitral award, as established by the Supreme Court in Hakeem, which overruled previous case law allowing such modifications.
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