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R. SUBRAMANIAN, R. SAKTHIVEL
Chairman/Managing Director, HLL Life Care Limited – Appellant
Versus
Tarmaker, Civil Engineers & Contractors – Respondent
JUDGMENT :
R.SUBRAMANIAN, J.
PRAYER: Original Side Appeal filed under Order XXXVI Rule 9 of the Original Side Rules read with Clause 15 of Letters Patent, to set aside the fair and decreetal order dated 22.04.2019 in OP No.951 of 2016
1. This appeal under section 37 of the Arbitration and Conciliation Act, is at the instance of the petitioners in the original petition under section 34 of the Arbitration and Conciliation Act, bearing OP No.951 of 2016 which sought for setting aside the award of the sole Arbitrator dated 03.09.2016 made on a dispute relating to a construction Agreement between the parties dated 19.06.2013.
2. The first petitioner is a Central Government Company, which is involved in Healthcare, particularly provision of infrastructure development for the health care facilities of the Government of India. In the course of its business, the first petitioner called for tenders for construction of an Urban Health Centre in Puducherry. The project, which was valued at Rs.3,17,57,662/- was awarded to the respondent to carry out the civil construction of the Urban Health Centre of the Jawaharlal Institute of Post Graduate Medical Education and Research, Puducherry (JIPMER, Pudu
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 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.
The court emphasized that arbitral awards should not be interfered with solely based on disagreements with findings, affirming the limited grounds for appeal under Section 34 of the Arbitration Act.
The Court's power while exercising jurisdiction under Section 37 of the Act is limited, and it cannot undertake an independent assessment on the merits of the Award.
The main legal point established in the judgment is the limited grounds for challenging arbitral awards under Section 34 of the A&C Act, emphasizing the principles of public policy and fundamental In....
An arbitrator's award can be set aside if it is based on a fundamental breach of contract that ignores material clauses of the agreement, leading to a finding that is perverse and constitutes a paten....
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