9911796707
TMI Blog2016 (1) TMI 1411X X X X Extracts X X X X X X X X Extracts X X X X ..... f the awarded amount as per award dated 21.6.2010 and thereafter the objecting court shall determine 75% of the awarded amount and give another fifteen days' time to the appellant to deposit 75% of the amount. In case of non-deposit of the same, objections shall be deemed to have been dismissed. If otherwise, the objecting court shall decide the matter pragmatically, much less in accordance with law. Appeal disposed off. - FAO No. 10525, 10507 of 2014(O&M), FAO No. 34, 68 of 2015(O&M) - - - Dated:- 29-1-2016 - Mr. Amit Rawal, J. Mr. R. K. Sharma, Mr. Paras Money Goyal And Ms. Nivedita Sharma for the appellants in all the appeals. JUDGMENT Amit Rawal, RA No.293-CII of 2015 in FAO No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ika Nagpal in Appeal No.33 of 2013 and other connected appeals, however certain exceptional circumstances have been carved out where the matter can be remanded back in case the arbitrator has omitted to refer to any of the claim but the instant case is not the case of such type. Ms. Nivedita Sharma, learned counsel appearing on behalf of the applicants-respondents submits that ₹ 20 lacs would not constitute 75% of the award as the award contain element of compound interest on the principal which would run into crores of rupees. In short somewhere around ₹ 2 crore in one case and in other approximately close to ₹ 2 crores. She further submits that against the order of remand a review application was file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ings to a conclusion a proceeding before the Court. What sub-section 4 of Section 34 envisages is an opportunity to the arbitral tribunal to resume the arbitration proceedings or to take such other action as would eliminate the grounds for setting aside the award. Without meaning to be exhaustive, we can conceive of a situation where the arbitral tribunal has overlooked a particular item of claim on which parties have led evidence and have addressed arguments. A challenge to the arbitral award in such a case would be on the ground that the arbitral tribunal has failed to decide a claim which was raised, controverted and submitted upon. The provisions of Section 34 enable the Court to adjourn the petition under Section 34 so that instead of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication for setting aside any decree, award or other order made either by the Council itself or by any institution or centre providing alternate dispute resolution services to which a reference is made by the Council, shall be entertained by any Court unless the appellant (not being a supplier) has deposited with it seventy-five percent, of the amount in terms of the decree, award or , as the case may be, the other order in the manner directed by such Court. Provided that pending disposal of the application to set aside the decree, award or order, the Court shall order that such percentage of the amount deposited shall be paid to the supplier, as it considers reasonable under the circumstances of the case, subject to such conditio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
