Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 31(a) Arbitration and Conciliation Act 1996 - ss.11(5) (b) and 34 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration and Conciliation Act, 1996 - ss.11(5), 31(a), (b)and 34 - Worth contract awarded by appellant to respondent No. I- Disputes arose between the parties - Arbitral Tribunal partlyallowed the claims of respondent No. I against the appellant -Application uls.34 filed by appellant before Single Judge of HighCourt was allowed in part wherein two modifications were made inthe date of award of interest on respondent No. I~ยท claim for damages- Respondent No. I filed appeal before Division Bench against tilesaid orde1; which was allowed -Plea of appellant that interest couldnot have been awarded on various claims to respondent No. I asCl.13(3) of General Conditions of Contract (GCC) did not allow itto claim any interest on the sums payable under the contract excepton Government securities, (f any deposited with t/1e appellate - Onappeal, held: Appellant did not raise the plea based on Cl.13(3)against respondent No.I at any stage of the proceedings - Noindulgence can be granted to the appellant to raise such plea forthe first time in Supreme Court - It is a clear case of waiver or/andabandon)ment of a plea at the initial stage itself- Further, appellant'sapplication u/s.34 was dismissed on all other claims except twoclaims - However, despite such substantial dismissal it did not fileany appeal to challenge the part dismissive of the application - Thus,the order of Single Judge insofar as it resulted in dismissal ofappellant's application became final and attained finality - Grantof award of interest on timetable claims by Arbitral Tribunal wasnot illegal or against any public policy or per se bad in law - Waiver:Practice and Procedure - Pleadings - Raising a plea for thefirst time in Supreme Court - Held: If a plea is available waltzer 011facts or law, it ht1s to be raised by the party at appropriate stage inaccordance with law - If not missed or/and given up with consent,the party would be precluded from missing such plea at a later stageof the proceedings 011 the principle of waiver - Waiver. Doctrines/Principles - Principle of waiver - Discussed.Arbitration - Arbitration award - Binding value of - Held:Award of Arbitral Tribunal once passed is binding on the parties -Parties having chosen their own Arbitrator and given him anauthority to decide the specific disputes arising between them mustrespect his decision as far as possible and should not make anyattempt to find fault in each issue decided by him only because it isdecided against one party. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 1203 |
Petitioner | Union Of India |
Respondent | M/s. Susaka Pvt. Ltd. & Ors. |
SCR | [2017] 12 S.C.R. 430 |
Judgement Date | 2017-12-08 |
Case Number | 8530 |
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