Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act |
Content Type | Text |
Resource Type | Law Order |
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 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Arbitration and Conciliation Act, 1996 – ss. 34 and 37 – The respondent-North Eastern Electric Power Corporation Ltd. (NEEPCO) filed three applications u/s. 34 of the Act, 1996 challenging the three arbitral awards dated 29.03.2016 – The Additional Deputy Commissioner (Judicial) vide common judgment dated 27.04.2018 rejected the applications and upheld the three arbitral awards – The respondent-NEEPCO filed appeals u/s. 37 of the Act, 1996 before the High Court and the same were allowed by judgment dated 26.02.2019 and the judgment dated 27.04.2018 passed by the Additional Deputy Commissioner was set aside – Aggrieved, the petitioner preferred Special Leave Petitions, which were dismissed – After the dismissal of the SLPs, the petitioner filed review petitions before the High Court on the ground that the judgment of the High Court dated 26.02.2019 suffered from error apparent on the face of the record – The said review petitions were dismissed by the High Court by order dated 10.10.2019 – On appeal, held: In the instant case, the High Court in its judgment dated 26.02.2019 has referred to the Supreme Court judgment in Associated Builders at length and arrived at the correct conclusion that an arbitral award can be set aside u/s. 34, if it is patently illegal or perverse – This finding of the High Court was in conformity with the Supreme Court judgment in Ssangyong Engineering – The High Court held that no reasonable person could have arrived at a different conclusion while interpreting clauses 2.7 and 3.4 of the BoQ and clauses 32(ii) (a) 33(iii) of the conditions of contract – The case was decided on the ground that the arbitral award is a perverse award and on a holistic reading of all the terms and conditions of the Contract, the view taken by the Arbitrator is not even a possible view – The view of the High Court was correct – Thus, the High Court rightly dismissed the review petitions by the impugned order dated 10.10.2019 – Resultantly, all the Special Leave Petitions are dismissed. |
Judge | N/A |
Neutral Citation | 2020 INSC 403 |
Petitioner | Patel Engineering Ltd. |
Respondent | North Eastern Electric Power Corporation Ltd. (neepco) |
SCR | [2020] 4 S.C.R. 156 |
Judgement Date | 2020-05-22 |
Case Number | 3584-3585 |
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