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M. M. SUNDRESH, SANJIV KHANNA
Batliboi Environmental Engineers Limited – Appellant
Versus
Hindustan Petroleum Corporation Limited – Respondent
JUDGMENT :
SANJIV KHANNA, J.
This appeal by way of special leave by Batliboi Environmental Engineers Limited1[For short, BEEL] takes exception to the judgment dated 02.11.2007, whereby the Division Bench of the High Court of Judicature at Bombay allowed the appeal2[Appeal No. 227 of 2001 in Arbitration Petition No. 280 of 1999.] filed by Hindustan Petroleum Corporation Limited3[For short, HPCL.] under Section 37 of the Arbitration and Conciliation Act, 19964[For short, A&C Act.], and thereby has set aside the arbitral award dated 23.03.1999.
2. On acceptance of tender and in terms of the letter of intent dated 27.02.1992, HPCL had awarded to BEEL the turnkey contract for detailed engineering including civil and structural design, supply and erection, testing and commissioning of 23 MLD capacity Sewage Water Reclamation Plant in Mahul Refinery area. The contract value was Rs.574.35 lakhs. The contract period was 18 months from the date of letter of intent, and accordingly the work was to be completed by 28.08.1993. There was delay in completion. On written requests/applications mad
Clauses in contracts that prohibit claims for damages are against public policy and void under Section 23 of the Indian Contract Act, 1872, as they undermine the sanctity of contracts.
(1) Setting aside arbitral award – Claim for damages, whether general or special, cannot as a matter of course result in an award without proof of claimant having suffered injury.(2) Binding Preceden....
(1) Appeal against modified arbitral award – Merits of award are only to be gone into, if award is demonstrated to be contrary to public policy of India.(2) Arbitral proceedings are per se not compar....
The judicial review under Section 34 of the Arbitration and Conciliation Act is restricted to issues of patent illegality, ensuring that arbitrator's findings are not disturbed unless they fundamenta....
Arbitral awards set aside partly for patent illegality where head office overhead claims lack evidentiary support like unverified CA certificates without witness testimony, despite upholding other pr....
The main legal point established in the judgment is the narrow scope of interference with an Arbitral Award under Section 34 of the Act, 1996, and the emphasis on reasonableness, natural justice, and....
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