Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Arbitration and Conciliation Act, 1996: Post award interest on the interest amount awarded – Held: Can be granted by Arbitrator.Arbitration and Conciliation Act, 1996: s.34 – Jurisdiction under, Scope – Held: Court does not sit in appeal over the arbitral award and may interfere on merits on the limited ground provided under s.34(2)(b)(ii).Arbitration: If there are two plausible interpretations of the terms and conditions of the contract then no fault can be found if the arbitrator proceeds to accept one interpretation as against the other. Arbitration: Arbitral award – Scope of interference by courts– Held: Courts should not interfere with an award merely because an alternate view on facts and interpretation of contract exists. Deeds and Documents: Whether in the instant case, the Memorandum of Undertaking (MoU) dated 10th February, 1992 merged into the Implementation Agreement dated 22nd August, 1997– Held: As admitted by State, the MoU was mentioned as “Appendix A” in the second recital of Implementation Agreement which itself demolished the plea taken by the State that the Arbitral Tribunal and the Appellate Court have erred in returning a finding that the MoU dated 10th February, 1992 did not merge into the Implementation Agreement dated 22nd August, 1997 – The view is reinforced on a reading of the definition of the word “Agreement”as used in Clause 2.2 of the Implementation Agreement which clearly stated that the word “Agreement” wherever used in the Implementation Agreement, shall include all its appendices and annexures – The MoU having been described by the parties as Appendix A to the Implementation Agreement, would have to be treated as having merged with the Implementation Agreement for all effects and purposes. |
Judge | Hon'ble Ms. Justice Hima Kohli |
Neutral Citation | 2022 INSC 20 |
Petitioner | Uhl Power Company Ltd. |
Respondent | State Of Himachal Pradesh |
SCR | [2022] 1 S.C.R. 1 |
Judgement Date | 2022-01-07 |
Case Number | 10341 |
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