Judgments - Arbitration and Conciliation Act, 1996
NATIONAL HIGHWAYS AUTHORITY OF INDIA Versus GWALIOR JHANSI EXPRESSWAY LIMITED
MEIL Prasad (JV) Versus State of Madhya Pradesh & Another
Union of India & Others vs. M/s. K. Kapoor & P.R. Mahant Khandwa
Law laid down - It is a mandatory requirement to file original or certified copy of the agreement alongwith the application under Section 8 of the Arbitration and Conciliation Act, 1996 for referring the matter for arbitration in a pending suit. Full Judgment
AMEET LALCHAND SHAH AND OTHERS Versus RISHABH ENTERPRISES AND ANOTHER
Shri Gouri Ganesh Shri Balaji Constructions “C” Class Contractor Vs. Executive Engineer, PWD
Law Laid Down - The expression “ascertained amount” appearing in Section 2(1)(d) of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 (for short “the State Act”) includes the amount of consequential relief. Mere declaration of termination of contract is not the substantial relief and in the guise of mere declaration an aggrieved person cannot be permitted to omit the consequential relief which the party may be entitled to claim in a reference under the M.P. Madhyastham Adhikaran Adhiniyam, 1983. It is held that reading of Full Judgment
Oriental Insurance Company Limited VERSUS M/s Narbheram Power and Steel Pvt. Ltd.
Union of India Versus Hardy Exploration and Production (India) INC
ALTUS GROUP INDIA PRIVATE LIMITED Vs. DARRAMEKS HOTELS & DEVELOPERS PRIVATE LIMITED
Union of India Versus M/s. Varindera Constructions Ltd. Etc.
IBI Consultancy India Private Limited Versus DSC Limited
M/s Oswal Woollen Mills Ltd Versus M/s Oswal Agro Mills Ltd
M/S. JAYASWAL NECO INDUSTRIES LTD. Vs. M/S. GOYAL MG GASES PVT. LTD.
ANILKUMAR JINABHAI PATEL (D) THR. LRs. Versus PRAVINCHANDRA JINABHAI PATEL AND ORS.
The General Manager and another Vs. M/s Raisingh and Company
Law Laid Down - The extension in time does not extend the period of completion of the agreement. It only permits the Contractor to complete works subject to payment of liquidated damages, as agreed to. Liquidated damages are claimed on account of breach of the contract and such amount cannot be said to be unreasonable or is by way of penalty. In absence of any allegation that the Award passed by the Arbitrator is against the public policy, liquidated damages imposed in Full Judgment
VAYAM TECHNOLOGIES LIMITED Vs. HEWLETT-PACKARD FINANCIAL SERVICES (INDIA) PRIVATE LIMITED
Bharat Sanchar Nigam Limited Vs. M/s Optel Telecommunication Ltd
Law Laid down - The learned Arbitrator is bound by the terms of Agreement. Therefore, an award rendered by such an arbitrator cannot be sustained if an Arbitrator has traveled beyond the terms of the agreement to hold that there was an oral agreement prior to placing of Advance Purchase Order, which was accepted by the respondents. The terms of the contract stand crystallized with the issuance of Advance Purchase Order and acceptance of the same. The Arbitral Tribunal has to take Full Judgment