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IN THE HIGH COURT OF ORISSA AT CUTTACK
ARINDAM SINHA
Union Of India – Appellant
Versus
Suman Sundar Patra – Respondent
| Table of Content |
|---|
| 1. challenge to arbitral award on procedural grounds. (Para 1 , 2) |
| 2. support for award based on past contract and cooperation. (Para 3 , 4) |
| 3. importance of jurisdiction and waiver in arbitration. (Para 5 , 6) |
| 4. no illegality in awarding interest. (Para 7 , 8) |
| 5. final dismissal of appeal and confirmation of lower court judgment. (Para 9 , 10) |
ORDER :
ARINDAM SINHA, J.
1. Mr. Behera, learned advocate, Central Government Counsel led by Mr. Parhi, learned advocate and Assistant Solicitor General appear on behalf of appellants and submit, impugned is judgment dated 30th August, 2018, whereby three points of challenge to award dated 28th April, 2014 were rejected. He submits, the three points were challenge to the award on excepted matters, directing refund of Earnest Money Deposit (EMD) and grant of future interest.
2. He submits, there can be no dispute regarding award made on matters that were excepted by the contract. In awarding all those items of claim, the arbitrator transgressed terms of the contract and was therefore in violation of mandate in sub-section (3) in section 28, Arbitration and Conciliation Act, 1996. Since his client, employer had given extension of time
The court upheld the arbitration award for refund of earnest money deposit and interest, ruling no illegality in the arbitrator's decisions based on the waiver of objections by the appellant.
The main legal point established in the judgment is the interpretation of contract terms, breach of contract, and the limited scope of interference with the arbitrator's award based on the violation ....
Parties are entitled to interest on delayed payments unless explicitly prohibited in the contract, as held in the context of arbitration awards.
The main legal point established in the judgment is that an arbitrator's award must be based on reasonable grounds and supported by reasons, and can only be set aside on limited grounds as specified ....
An arbitral tribunal cannot adjudicate on claims outside the scope of the arbitration agreement, and awards violating explicit contractual terms are subject to being set aside under Section 34 of the....
Premature termination of a contract does not grant right to forfeit the security deposit without proof of actual loss, as it constitutes a penalty under the contract law.
(1) Arbitrator in arbitration proceedings being creature of contract has no power to award interest, contrary to terms of agreement/contract between parties.(2) There cannot be estoppel against law.
The main legal point established in the judgment is that claims under a works contract must be made within the prescribed period of limitation, and an award based on no evidence and being perverse ca....
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