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Associate Builders vs Delhi Development Authority on 25 November, 2014

5.3.2 It is submitted that as held by this Court in the cases of Associate Builders v. Delhi Development Authority, (2015) 3 SCC 49 (para 36) and J.C. Budhraja v. Chairman, Orissa Mining Corpn. Ltd. & Anr., (2008) 2 SCC 444 (para 31­32), making an award in excess of claim is clear cut an act exceeding the jurisdiction and amounts to a misconduct of the Arbitrator.
Supreme Court of India Cites 55 - Cited by 2182 - R F Nariman - Full Document

The Indian Aluminium Cables Limited vs Rajasthan State Electricity Board And ... on 31 July, 1991

5.4.3 Learned senior counsel appearing on behalf of the appellant has relied upon the decisions of this Court in the cases of Indian Aluminium Cables Ltd. v. Haryana State Electricity Board, 1996 (5) SCALE 708 (para 2) and MSK Projects India (JV) Ltd. v. State of Rajasthan & Anr. (2011) 10 SCC 573 (para 15), in support of his above submissions that as the Arbitrator exceeded the scope of reference and hence the award is liable to be set aside. 7 5.5 In so far as the ground No.3 is concerned namely, the Arbitrator has rewritten the contract with respect to the amount payable which was specified in the contract, it is submitted that the Arbitrator has rewritten the terms of the contract by directing the appellant to pay the compensation to respondent No.1 – contractor at the rate of Rs.45,000/­ per km per month instead of mutually agreed contractual rate of Rs.1,000/­ per km per month. It is contended that it was not open to the Arbitrator to rewrite the terms of the contract and award the contractor a higher rate for the work than the rate which was already fixed in the contract. It is submitted that such an exercise is beyond the competence and authority of the Arbitrator.
Rajasthan High Court - Jaipur Cites 18 - Cited by 10 - Full Document
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