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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH
Corporation of Chennai, rep. By S. E. Bridges Department – Appellant
Versus
National Building Construction Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of construction contract and arbitration (Para 3 , 10 , 11 , 12 , 13 , 14 , 15 , 17 , 18 , 19 , 20) |
| 2. arguments regarding arbitration tribunal's findings (Para 4 , 5 , 6 , 8) |
| 3. court's consideration of the arbitration proceedings and findings (Para 9 , 21 , 25 , 26 , 29 , 32) |
| 4. legal standards applied regarding contract and arbitration (Para 22 , 23 , 30) |
ORDER :
N.ANAND VENKATESH, J.
The Corporation of Chennai has assailed the award dated 31.5.2012 passed by the Arbitral Tribunal.
2. Heard the learned Senior Counsel appearing on behalf of the petitioner and the learned counsel appearing for the first respondent.
3. The facts leading to filing of the above petition are as follows:
(i) The Corporation of Chennai, in order to provide better infrastructure facilities, planned to construct a flyover near Perambur Railway Station with the objective of easing traffic congestion. This flyover was supposed to be constructed over the existing subway. The work was awarded in favour of the first respondent after complying with all the formalities by issuing a letter of acceptance dated 05.1.1999. This was followed by an agreement dated 16.3.1999 executed betwee
The court upheld the arbitral award barring the idling costs due to lack of proof, affirming the necessity for evidential support in claims made under arbitration.
Court upheld the Arbitral Tribunal's decision based on the principle that interference is limited to cases of perversity, with findings deemed a plausible view of the evidence.
Non-payment of certified dues does not justify contract suspension if delays are caused by the contractor, constituting a fundamental breach justifying termination.
The court affirmed the limited scope of review under Section 34 of the Arbitration and Conciliation Act, emphasizing respect for arbitral awards unless stark violations of public policy or procedural....
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....
The non-breaching party is entitled to damages that place them in a position as if the contract had been performed, with the awarded loss of profits upheld based on reasonable calculations.
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.
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