Supreme Court - Daily Orders
Patel Engineering Limited vs Nhpc Limited on 14 November, 2022
Bench: M.R. Shah, Hima Kohli
ITEM NO.25 COURT NO.5 SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 19161/2022
(Arising out of interim impugned order dated 13-07-2022 in ARB
Case No. 26/2020 passed by the Addl. District Judge, Faridabad)
PATEL ENGINEERING LIMITED Petitioner(s)
VERSUS
NHPC LIMITED Respondent(s)
(FOR ADMISSION and I.R. )
Date : 14-11-2022 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MS. JUSTICE HIMA KOHLI
For Petitioner(s) Mr. D.S. Chodha, Adv.
Mr. Pradhuman Gohil, Adv.
Mrs. Taruna Singh Gohil, AOR
Ms. Ranu Purohit, Adv.
Mr. Alkapati Sahithya Krishna, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
At the outset, it is required to be noted that the present Special Leave Petition against the order passed by the Additional District Judge straightway before this Court is not required to be entertained. However, still we have considered the Special Leave Petition on merits.
Having heard learned counsel appearing on behalf of the petitioner and having gone through the impugned judgment and order passed by the Special Commercial Court, we are in complete agreement with the view taken by the learned Additional District Judge that the application under Section 34(4) of the Arbitration Signature Not Verified Digitally signed by Neetu Sachdeva Date: 2022.11.17 and Conciliation Act, 1996 at the instance of the award holder was 15:07:12 IST Reason: not required to be entertained. If at all, the Court under Section contd..
- 2 -
34 of the Arbitration Act, finds that there is an arithmetical error and/or it is the case on behalf of the person against whom the award is passed that the award is vitiated due to mis- calculation/want of calculation and the Court under Section 34 of the Arbitration Act finds that on the aforesaid ground the award can be set aside, the matter can be referred to the Arbitrator back for proper calculation. However, when the petitioner justifies the award passed by the Arbitrator, thereafter, it was not open for the petitioner to move an application under Section 34 (4) of the Arbitration Act. The Special Leave petition stands dismissed.
Pending application(s), if any, shall stand disposed of.
(NEETU SACHDEVA) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR