Budhraja Mining and Construction Limited (BMCL) - BMCL has been involved in various legal cases, often related to contractual disputes with entities like NALCO, Odisha Hydro Power Corporation (OHPC), and TRAFLGAR House Construction (TSSJV). The cases frequently reference arbitration laws and the validity of arbitral awards, emphasizing that courts generally do not sit in appeal over arbitral awards but may intervene on limited grounds such as validity and separability of awards M. g. Mohanty VS State Of Odisha - Orissa, M/S BUDHRAJA MINING AND CONSTRUCTION LTD vs DISTRICT JUDGE, KHURDA - Orissa, M/S. M G MOHANTY vs STATE OF ODISHA - Orissa, M/S. M G MOHANTY vs STATE OF ODISHA - Orissa, OHPC, BBSR Vs M/S TRAFLGAR HOUSE CONSTRUCTION (T) SATYAM SANKARNARAYAN JOITN VENTURE - Orissa, M/S.M G MOHANTY,BBSR Vs STATE OF ODISHA - Orissa.
Legal Principles - Courts have upheld the principle that arbitral awards can be partially upheld if valid and separable, as established in landmark cases such as Fuerst Day Lawson Limited and Hindustan Construction Co. Ltd.. The Supreme Court has reiterated that courts do not act as appellate bodies for arbitral awards but can scrutinize their validity under specific legal provisions GSR Ventures Pvt. Ltd. VS State of Mizoram - Gauhati, Gayatri Balasamy vs M/S ISG Novasoft Technologies Limited - Supreme Court, MD and others (J&K Power Development Corporation) VS Trust House Construction Engineers and Builders - Jammu and Kashmir.
Contractual Disputes and Arbitration - The cases involving BMCL often relate to disputes arising from contractual relationships, with courts analyzing the scope of arbitration clauses, the validity of arbitral awards, and the limits of judicial review. The jurisprudence emphasizes limited judicial interference, primarily focusing on the legality of the award rather than its merits M. g. Mohanty VS State Of Odisha - Orissa, GSR Ventures Pvt. Ltd. VS State of Mizoram - Gauhati.
Analysis and Conclusion - BMCL's legal history underscores the importance of arbitration clauses and the limited scope of judicial review in arbitration disputes. Courts have consistently held that arbitral awards are to be respected unless they violate legal principles or procedural fairness. The references collectively highlight that BMCL's disputes are primarily governed by arbitration law, with courts affirming the enforceability of arbitral awards and restricting appeals on merits M. g. Mohanty VS State Of Odisha - Orissa, M/S BUDHRAJA MINING AND CONSTRUCTION LTD vs DISTRICT JUDGE, KHURDA - Orissa, GSR Ventures Pvt. Ltd. VS State of Mizoram - Gauhati.
References: - M. g. Mohanty VS State Of Odisha - Orissa - M/S BUDHRAJA MINING AND CONSTRUCTION LTD vs DISTRICT JUDGE, KHURDA - Orissa - M/S. M G MOHANTY vs STATE OF ODISHA - Orissa - M/S. M G MOHANTY vs STATE OF ODISHA - Orissa - OHPC, BBSR Vs M/S TRAFLGAR HOUSE CONSTRUCTION (T) SATYAM SANKARNARAYAN JOITN VENTURE - Orissa - M/S.M G MOHANTY,BBSR Vs STATE OF ODISHA - Orissa - Gayatri Balasamy vs M/S ISG Novasoft Technologies Limited - Supreme Court - GSR Ventures Pvt. Ltd. VS State of Mizoram - Gauhati - MD and others (J&K Power Development Corporation) VS Trust House Construction Engineers and Builders - Jammu and Kashmir
Budhraja Mining and Construction Limited (BMCL). The background facts as far as in this petition is concerned are that BMCL and National Aluminium Company Limited (NALCO) (Opposite Party No.3) and the General Manager, Captive Power Plant (CPP) (Opposite Party No.4) had a contractual relationship. ... (C) No.30554 of 2021, the Petitioner is Odisha Hydro Power Corporation Limited (OHPC), whereas the contesting party is M/s. TRAFLGAR House Construction (T) Satyam Sankarn....
Budhraja Mining and Construction Limited (BMCL). ... Budhraja Mining & Construction Limited. ... TRAFLGAR House Construction (T) Satyam Sankarnarayan Joint Venture (TSSJV). ... TRAFLGAR House Construction (T) the Commercial Courts Act, which would lead to p style="position:absolute;white-space:pre
Budhraja Mining and Construction Limited (BMCL). ... Budhraja Mining & Construction Limited. ... TRAFLGAR House Construction (T) Satyam Sankarnarayan Joint Venture (TSSJV). ... TRAFLGAR House Construction (T) the Commercial Courts Act, which would lead to p style="position:absolute;white-space:pre
Budhraja Mining and Construction Limited (BMCL). ... Budhraja Mining & Construction Limited. ... TRAFLGAR House Construction (T) Satyam Sankarnarayan Joint Venture (TSSJV). ... TRAFLGAR House Construction (T) the Commercial Courts Act, which would lead to p style="position:absolute;white-space:pre
Budhraja Mining and Construction Limited (BMCL). ... Budhraja Mining & Construction Limited. …. ... (C) No.30554 of 2021, the Petitioner is Odisha Hydro Power Corporation Limited (OHPC), whereas the contesting party is M/s. TRAFLGAR House Construction (T) Satyam Sankarnarayan Joint Venture (TSSJV). ... It was contended in that case, relying on the decision in Fuerst Day Lawson Limited ....
Budhraja Mining and Construction Limited (BMCL). ... Budhraja Mining & Construction Limited. …. ... (C) No.30554 of 2021, the Petitioner is Odisha Hydro Power Corporation Limited (OHPC), whereas the contesting party is M/s. TRAFLGAR House Construction (T) Satyam Sankarnarayan Joint Venture (TSSJV). ... It was contended in that case, relying on the decision in Fuerst Day Lawson Limited ....
Budhraja vs. Chairman, Orissa Mining Corporation Ltd., (2008) 2 SCC 444, Tata Hydroelectric Power Supply Co. Ltd. ... Shenzden Shandong Nuclear Power Construction Company Limited, (2019) 11 SCC 465,Oriental Structural Engineers Pvt. Ltd. vs. ... State of Karnataka, (2024) SCC Online SC 19 lay down the correct law, as other benchesof two Judges (in Vedanta Limited vs.
1996 Act - Severability of Arbitral Award Fact of the Case: The appellant, awarded a construction ... Budhraja vs. Chairman, Orissa Mining Corporation Ltd. and Another, (2008) 2 SCC 444, the Supreme Court has held that a part of the award which is valid and separable can be upheld. 34. In the case of Hindustan Construction Co. Ltd. vs. ... State of Karnataka lay down the correct law, as other benches of two Judges (in Vedanta Limited vs. Shenzden Shandong Nuclear Power Construction Com....
Ansaldo Energia Spa and three Judges (in J.C.Budhraja vs. Chairman, Orissa Mining Corporation Ltd., Tata Hydroelectric Power Supply Co. Ltd. vs. Union of India and Shakti Nath vs. ... State of Karnataka lay down the correct law, as other benches of two judges (in Vendanta Limited vs. Shenzden Shandong Nuclear Power Construction Company Limited, Oriental Structural Engineers Pvt. Ltd. vs. State of Kerala and M.P. Power Generation Co. Ltd. vs. ... We also remind ourselves of Ssangyong Engineering & #HL_ST....
Sections 34 and 37-Appeal against arbitral award-Court does not sit in appeal over arbitral award and may interfere on merits on limited ... Budhraja v. Chairman, Orissa Mining Corporation Ltd., and anr; 2009 (10) SCC 63 paragraphs 29, 34 & 36 titled Steel Authority of India Limited v. ... Ferro Concrete Construction Pvt. Ltd.; 2009 Arbitration Law Reporter 13 titled Som Datt Builders Limited v. State of Kerala; 2011 (10) SCC 573 titled MSK Projects India (JV) Ltd v. ... Gupta Brothers....
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