Chhattisgarh HC set asides BSNL’s arbitral award for patent illegality in loss of profit claim; Directs refund of security deposit
“An arbitral tribunal, being a creature of contract, cannot grant relief in disregard of contractual stipulations.”
Section 37 Arbitration Act
Detailed Breakdown of Gujarat High Court Ruling on Delay in curing registry defects under Section 34 and its impact on arbitration applications
The Court noted that the registry did not follow the procedure prescribed in the GHC Rules for movement of the papers from the registry to the competent Court, thus there was no occasion for consideration by the Court concerned as to whether the respondents were entitled to condonation of delay in removal of office objections.
‘Novel plea of non-receipt of signed award copy cannot be raised in appeal’; Gujarat HC rejects NHAI’s appeals against dismissal of S. 34 applications due to delay
“A novel plea has been taken for the first time without any substantial basis on the factual aspects about the non-delivery of the copy of the award by the Arbitrator to the NHAI, in the present appeal, which cannot be appreciated within the limited scope of Section 37.”