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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, OM PRAKASH SHUKLA, JJ
M/S. M.V. OMNI PROJECTS (INDIA) LTD. – Appellant
Versus
UNION OF INDIA THROUGH EXECUTIVE ENGINEER CPWD – Respondent
| Table of Content |
|---|
| 1. court's jurisdiction in arbitration appeals (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. contractual provisions for arbitration (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. impact of section 12(5) on arbitrators (Para 15 , 16 , 17) |
| 4. requirements for waiver under section 12(5) (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 5. final decision on arbitration legality (Para 24 , 25 , 26 , 27 , 28) |
JUDGMENT
% 14.01.2026 C. HARI SHANKAR, J.The lis
1. We are required, in this appeal, to consider the extent to which this case would be covered by the recent judgment of the Supreme Court in Bhadra International (India) (P) Ltd v. Airports Authority of India1
2. Disputes, which emanated out of an agreement dated 12 January 2016, between the appellant and the respondent, were referred to arbitration and culminated in an arbitral award dated 30 May 2023, which was adverse to the respondent. The respondent challenged the said award before this Court under Section 34 of the Arbitration and Conciliation Act, 1996 , “the 1996 Act”, hereinafter by way of OMP (Comm) 355/2023. By judgment dated 8 May 2024, a learned Single Judge of this Court has allowed OMP (Comm) 355/20233 and has set aside the arbitral award.
3
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