The Project Director vs M.Vijayalakshmi on 13 February, 2020
Bench: T.S.Sivagnanam , R
case, can
the court modify an award or set aside an award partially except in
the contingency provided under the proviso ... award as the illegality may affect
the award as a whole. In such cases, it may not be possible to set
aside the award partially
amounts to
modification of the arbitral award or that the Award is partially set
aside. The operative portion of the impugned order passed ... respondent are accepted. Partial
challenge to an award is permissible then why not partial setting
aside of an award. In a given case, a party
byrespondent No. 1-Jayprakash Associates Ltd. against a
partial award made under Section 16 of the Arbitration Act.
Such an application was not tenable vide ... untenable application, the
High Court could have set aside the partial award. This is
clearly contrary to law. This court in the case
land acquisition award under the National
Highways Act, 1956 (in short "the Act, 1956"), the petitioners
moved arbitration proceedings before the Arbitrator appointed ... Additional
Collector passed the award(s) on different dates refusing to
enhance the award amount. Challenging this award of the
Additional Collector, the petitioners moved
land acquisition award under the National Highways Act, 1956 (in short "the Act,
1956"), the petitioner moved arbitration proceedings before the Arbitrator
appointed ... Additional Collector
2
passed the award(s) on different dates refusing to enhance the award amount.
Challenging this award of the Additional Collector, the petitioner
land acquisition award under the National Highways Act, 1956 (in short "the Act,
1956"), the petitioner moved arbitration proceedings before the Arbitrator
appointed ... Additional Collector
2
passed the award(s) on different dates refusing to enhance the award amount.
Challenging this award of the Additional Collector, the petitioner
Section 3G of the Act and award dated 23.3.2011 was passed, but the regional office of the NHAI partially approved the same with the observation ... appellant, it was also authorized to submit the case for arbitration under Section 3G(5) of the Act before the Arbitrator (Collector). The main reason
enters in an arbitration, the arbitrator must not
be guilty of any act which can possibly be construed as
indicative of partiality or unfairness ... show that, even
if there was misconduct on his part, the award was
unaffected by it, and was in reality just; arbitrator must
place" where the award is delivered alone is looked at,
and the High Court given jurisdiction to supervise the
arbitration proceedings, on the footing ... arbitration in the arbitration clause between the parties.
Part of the cause of action however, arises in several
places, including where the contract is partially