Further, he relied on the judgments in Altus Group India
Pvt. Ltd. v. Darrameks Hotels & Developers Pvt. Ltd. (Altus Group)
2018 SCC Online Del 8263 and Darrameks Hotels & Developers Pvt.
Ltd. v. Altus Group India Pvt. Ltd. (Darrameks Hotels) (2018) 191
PLR 1 for the proposition that commercial contracts are determinable by
http://www.judis.nic.in
14 of 28
O.P.Nos.592 of 2016
and 617 of 2018
nature and that ex facie erroneous interpretations by an Arbitral Tribunal
may be interfered with by a court under Sections 34 and 37 of the
Arbitration Act.
Vs. Prime Industries
indirectly what could not have been achieved otherwise
within the contractual stipulation. The petitioner therefore,
did not act in good faith. To this effect Ld. Arbitrator has
relied upon the judgment of Hon'ble Delhi High Court in
Atlus Group India Private Limited Vs. Darrameks Hotel &
Developers Private Limited 248 (2018) DLT 667. The
entire relied portion is being reproduced hereunder for a
better understanding:-
47. Ld. Arbitrator in fact, has considered the act of
petitioner on the principle of good faith i.e the parties have
an obligation to display a behaviour towards the others
which does not harm the other and takes into account the
reasonable expectation of businessman in the shoes of
other side. Since the petitioner did not give any
justification for sudden withdrawal of discount it achieved
indirectly what could not have been achieved otherwise
within the contractual stipulation. The petitioner therefore,
did not act in good faith. To this effect Ld. Arbitrator has
relied upon the judgment of Hon'ble Delhi High Court in
Atlus Group India Private Limited Vs. Darrameks Hotel &
Developers Private Limited 248 (2018) DLT 667. The
entire relied portion is being reproduced hereunder for a
better understanding:-