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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
M/s. Neyveli Lignite Corporation Ltd. Rep. By Its Chief General Manager/mm Mm Complex, Nlc Limite – Appellant
Versus
Stewardss & Lloyds India Ltd – Respondent
JUDGMENT :
Challenging the order of dismissal of the arbitration original petition by the Principal District Judge, Cuddalore, filed by the appellant, as against the arbitral award, the present appeal has been filed before this Court.
2. For the sake of convenience, the appellant herein, who was arrayed as the petitioner and the 1st respondent, who was the 1st respondent in the original petition will be referred to as appellant and 1st respondent in this appeal.
3. It is the case of the appellant that pursuant to the tender floated by the appellant for the supply of Special Urea Grade 100 meters cold Drawn SS316L material Code No.7713206772 and 10m Cold Drawn SS316L material Code No.77132068724 of stainless steel seamless pipes, the 1st respondent submitted its terms of offer with clear stipulation that the materials will have to be imported from Italy with a delivery period of 14 to 16 weeks from the date of receipt of Letter of Intent or purchase order, whichever is earlier. Consequent upon the discussion and correspondences, the 1st respondent finally accepted on 21.5.1997 to supply the material at the rate of Rs.21.96 Lakhs and the Letter of Intent dated 28.2.1998 was issued by th
The court affirmed that arbitral awards may only be set aside under specific grounds stated in Section 34, emphasizing judicial restraint from reevaluating evidence or merits beyond legal provisions.
The interpretation of contractual clauses by an Arbitrator cannot be interfered with unless it is unreasonable or against settled legal principles.
The main legal point established in the judgment is that the court should not interfere with an arbitral award unless the arbitrator's conclusions are arbitrary, capricious, or perverse. The court's ....
The court affirmed that limited judicial review under Section 34 of the Arbitration Act does not allow for re-evaluation of arbitration awards unless they are demonstrably perverse, illegal, or devoi....
The court emphasized that an arbitral award must be reasoned and address core contractual issues, with judicial intervention restricted to cases of patent illegality under Section 34 of the Arbitrati....
The court can set aside an arbitral award under Section 34 if it violates substantive law, contract terms, or public policy, especially when procedural requirements aren't met or if the award is pate....
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 court upheld the validity of the arbitral award, emphasizing limited grounds for judicial interference and the necessity of demonstrating clear error or illegality.
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