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Biswanath Somadder, CJ, Bhaskar Raj Pradhan, J
Union of India – Appellant
Versus
M/s M.G. Contractors Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. summary of contract award and arbitration claims. (Para 2 , 3 , 4 , 5 , 6) |
| 2. discussion on limitation and jurisdiction regarding modification of the award. (Para 10 , 14 , 15) |
| 3. exposition on statutory limitations and authority of courts over arbitral awards. (Para 11 , 12 , 13 , 16 , 17) |
| 4. clarification on power dynamics between arbitrator’s award and court modifications. (Para 18) |
| 5. final ruling and disposition of the appeals. (Para 19 , 20) |
Bhaskar Raj Pradhan, J.
1. We propose to dispose the above two connected appeals under Section 37 of the Arbitration and Conciliation Act, 1996 assailing the final judgment dated 27.12.2021, one filed by the Union of India and the other by M/s M.G. Contractors Pvt. Ltd. The Union of India is aggrieved by the finding and grant of Claim no.7; associate interest under Claim No.13 and associate GST under Claim No.14, by the learned Sole Arbitrator and the challenge to it as being barred by limitation which has been rejected by the Learned Commercial Court, North Sikkim at Mangan. M/s M.G. Contractors Pvt. Ltd. assails the impugned judgment to the extent that the Union of India learned Commercial Court suo motu modified
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