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1 - 5 of 5 (0.03 seconds)Indian Oil Corporation Limited vs Ncc Limited on 20 July, 2022
The learned counsel for the respondent Corporation has
vehemently opposed the present arbitration application stating
that the applicant has been permitted the continue in the said
premises even after the Covid-19 period and has been
adequately compensated due to the said extension. Thus, there
is no arbitrable dispute which needs to be adjudicated by the
arbitrator as the petitioner was adequately compensated due to
extension given by the Corporation. The alleged loss if any
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sustained by the petitioner cannot be gone into by the Arbitrator
and has relied on the judgments in Indian Oil Corporation
Limited vs. NCC Limited1, and DLF Home Developers Limited
vs. Rajapura Homes Private Limited2 to buttress his
contention.
Dlf Home Developers Limited vs Rajapura Homes Private Limited on 22 September, 2021
The learned counsel for the respondent Corporation has
vehemently opposed the present arbitration application stating
that the applicant has been permitted the continue in the said
premises even after the Covid-19 period and has been
adequately compensated due to the said extension. Thus, there
is no arbitrable dispute which needs to be adjudicated by the
arbitrator as the petitioner was adequately compensated due to
extension given by the Corporation. The alleged loss if any
4
sustained by the petitioner cannot be gone into by the Arbitrator
and has relied on the judgments in Indian Oil Corporation
Limited vs. NCC Limited1, and DLF Home Developers Limited
vs. Rajapura Homes Private Limited2 to buttress his
contention.
Ibi Consultancy India vs Dsc Ltd on 16 April, 2018
In IBI Consultancy (India) (P) Ltd. v. DSC Ltd.3, the
Hon'ble Supreme Court while dealing with the Arbitration
Application filed under Section 11(6) read with Section 11(9) of
the Arbitration and Conciliation Act, for appointment of an
1 2022 SCC OnLine SC 896
2 2021 SCC OnLine SC 781
3 (2018) 17 SCC 95
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arbitrator to adjudicate the disputes that have arisen between
the parties therein in connection with the contracts in question,
has held, at para 8, as under:
M/S Duro Felguera S.A vs M/S. Gangavaram Port Limited on 10 October, 2017
Further, in Duro Felguera, S.A. v. Gangavaram Port
Ltd.,4 the Hon'ble Supreme Court, at para 59, has held as
under:
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