Search Results Page
Search Results
1 - 9 of 9 (0.30 seconds)Section 9 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Ssangyong Engineering And ... vs National Highways Authority Of ... on 8 May, 2019
74. The facts are not in dispute. It is the conclusion that has been arrived
by the Arbitral Tribunal vide the Impugned Award dated 11.08.2021 which is in
challenge before this Court on the ground that the Arbitral Tribunal has
re-written the contract and therefore it is contrary to the decision of the Hon’ble
Supreme Court in Ssangyong Engineering & Construction Company
Limited Vs. NHAI, (2019) 15 SCC 131. It is therefore stated that the conclusion
arrived by the Arbitral Tribunal was improbable based on the facts of the case.
Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Uhl Power Company Ltd. vs The State Of Himachal Pradesh Multi ... on 7 January, 2022
3. UHL Power Company Limited Vs. State of
Himachal Pradesh, 2022 4 SCC 116.
Bank Of India & Anr vs K.Mohandas & Ors on 27 March, 2009
108. Although, the Arbitral Tribunal has not examined the issue from the
point of 'Doctrine of Contra Proferentum' which stipulates that if a Clause in a
contract is ambiguous or can be interpreted in multiple ways, it ought to be read
in a way that dis-favours the party who originally drafted, introduced, or
demanded the inclusion of that specific Clause as observed by the Hon’ble
Supreme Court in Bank of India Vs. K.Mohandas, 2009 (5) SCC 313 in
Paragraph 28. Relevant portion from Paragraph 28 is extracted below:-
Patel Engineering Ltd. vs North Eastern Electric Power ... on 22 May, 2020
2. Patel Engineering Ltd Vs. North Eastern Electric
Power Corporation Ltd, 2020 7 SCC 167.
The Project Director National Highways ... vs M. Hakeem on 20 July, 2021
3. Projector Director, NHAI Vs. M.Hakeem & Anr,
2021 9 SCC 167.
M/S Dyna Technologies Pvt.Ltd. vs M/S Crompton Greaves Ltd. on 18 December, 2019
2. Dyna Technologies Private Limited Vs.
Crompton Greaves Limited, 2019 20 SCC 1.
1