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IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, Vinod Kumar, JJ
Bharat Heavy Electricals Limited – Appellant
Versus
Delkon India Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. appeal under section 37 of arbitration act (Para 1 , 3) |
| 2. arbitration findings and relevant disputes (Para 4 , 5 , 8 , 14 , 21) |
| 3. criteria for awarding damages and evidence requirements (Para 22 , 23 , 24 , 26 , 27 , 31) |
| 4. use of estimation methods in absence of conclusive evidence (Para 30 , 33 , 37 , 40 , 41) |
| 5. withholding charges assessment and significant claims (Para 44 , 46 , 51 , 52 , 53 , 54) |
JUDGMENT
VINOD KUMAR, J.
1. This appeal under Section 37 of the Arbitration and Conciliation Act , 1996 (‘the Act’, hereinafter) has been filed with the following prayers:
“(a) Set aside the Impugned Order dated 09.02.2023 passed by the Ld. District Judge in OMP (COMM) 63/21 between Bharat Heavy Electricals Limited vs. Delkon India Pvt. Ltd. and/or
(b) Set-aside the Award dated 02.06.2021 passed by the Ld. Sole Arbitrator and/or (c) Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”
2. For sake of convenience, the appellant would be also referred to as ‘BHEL’ and the respondent would also be referred to as ‘Delkon’.
3. Vide impugned award dated 02.06.2021, the arbitrator rejected all claims of BHE
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