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Villupuram Highways Construction Pvt ... vs National Highway Authority Of India on 29 July, 2025
cites
Section 12 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Article 38 in Constitution of India [Constitution]
Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Societies Registration Act, 1860
M/S Voestalpine Schienen Gmbh vs Delhi Metro Rail Corporation Ltd on 30 September, 2016
Thus, from
a reading of the SAROD Rules as also considering that the SAROD panel is
a broad-based panel in consonance with the principles elucidated in
Voestalpine Schienen GMBH (supra), I am unable to agree with the
Petitioners that by nominating their Arbitrators from the SAROD panel,
Signature Not Verified
ARB.P. 1829/2024 and connected matters Page 30 of 31
Digitally Signed
By:KAMAL KUMAR
Signing Date:30.07.2025
19:33:40
party autonomy is compromised and Court should accept their nominations
made and appoint the nominee arbitrators of NHAI.
National Highways Authority Of India & ... vs Bumihiway Ddb Ltd. (Jv) & Ors on 25 September, 2006
Reliance was placed on the judgments in National Highways
Authority of India and Another v. Bumihiway DDB Ltd. (JV) and Others,
(2006) 10 SCC 763; You One Engineering & Construction Co. Ltd. and
Another v. National Highways Authority of India (NHAI), (2006) 4 SCC
372; and M/s Simplex Infrastructures Ltd. v. National Highways Authority
of India and Another, 2024 SCC OnLine Del 1.
You One Engineering And Construction ... vs National Highways Authority Of India ... on 10 March, 2006
Reliance was placed on the judgments in National Highways
Authority of India and Another v. Bumihiway DDB Ltd. (JV) and Others,
(2006) 10 SCC 763; You One Engineering & Construction Co. Ltd. and
Another v. National Highways Authority of India (NHAI), (2006) 4 SCC
372; and M/s Simplex Infrastructures Ltd. v. National Highways Authority
of India and Another, 2024 SCC OnLine Del 1.
Commissioner Of Income Tax vs M/S Hindustan Bulk Carriers, M/S Damani ... on 17 December, 2002
27. It is a settled position of law that effect must be given to every word
in the Rule or a Statute. A construction which reduces a Rule or a Statute to
futility must be avoided. An endeavour must be made by the Court to
construe a provision to make it effective and operative on the principle
expressed in the maxim ut res magis valeat quam pereat i.e. liberal
construction should be put so as to uphold all provisions, if possible, to
further the intention of the parties. A construction that defeats plain intention
of the Legislature/Rule maker, even though there may be some inexactitude
must be rejected. If the choice is between two interpretations, the narrower
of which would fail to achieve the manifest purpose of the legislation or the
Rules, the bolder construction ought to be accepted so that the Rules are not
reduced to a futility. [Ref.: Commissioner of Income Tax v. Hindustan
Bulk Carriers, (2003) 3 SCC 57]. It is a basic rule of interpretation that no
part of a Statute or Rule should be rendered nugatory or superfluous and
should be construed as a coherent whole, ensuring that each part has
meaningful content. Where two provisions appear to be in tension, proper
course is to adopt a construction that reconciles them allowing both to
operate and giving effect to the underlying intent of the Legislature and/or
framer of the Rule. It is the duty of the Court to avoid head on clash between
two provisions and a construction that reduces one provision to a 'useless
lumber' or 'dead letter' is not a harmonised construction and to harmonise is
not to destroy. [Ref.
Margo Networks Pvt Ltd & Anr. vs Railtel Corporation Of India Ltd. on 10 July, 2023
In
my view and as held by the Co-ordinate Bench in Margo Networks Pvt. Ltd.
(supra), following the judgement in Voestalpine Schienen GMBH (supra),
a procedure envisaging appointment from a broad-based panel does not
compromise the party autonomy or destroy the hallmarks of arbitration i.e.
impartiality and independence of Arbitrators.