issued by the appellant company as
void and illegal and violative of Section 23 of the Indian Contract
Act. The respondents had also contended that ... principles of public policy and thus void
and illegal under Section 23 of the Contract Act. In
contractual matters even in respect of public bodies
terms of
clause 62, 63 and 64 of the General Conditions of Contract as no such
plea was ever advanced before the Arbitrator. He would ... nature as existed in
clause 63 of the General Conditions of the Contract, whereby any dispute
decided by the Railways is final and cannot
2343/2007 Page 3 of 66
the defendant was in breach of Contract in getting delayed sanctions,
which was a hindrance preventing the completion ... agreement between the parties, which goes to
the root of the Contract and the plaintiff was entitled to damages from
the defendant
with the
Clause 5.1 of the License Agreement and hence illegal and void.
Merely stating that the termination is 'with immediate effect' will ... Petitioner to cure a 'material
breach' within 30 days, the contract will stand terminated. In addition
to the submissions made hereinabove regarding
June 1990 when the
rates were quoted) which is 60% over contract rates (including rebate).
OMP 161/2003 Page 20 of 204
The learned Arbitrator ... stack
measurements have to be reduced to 50% on account for the voids or in
case solid measurements are to be taken as per drawings
still, the respondents had, vide letter dated April 22,
2014 extended the contract for a further period of three months till July ... petitioner to continue its services to the hospital. Even
thereafter, the contract was extended for a month w.e.f. August 01, 2013
to August
such award is opposed public
policy and is required to be adjudged void.
21. The legal position was crystallized in the latest decision in Steel ... summarised thus:
(i) In a case where an Arbitrator travels beyond
the contract the award would be without
jurisdiction and would amount to legal
misconduct
this Court is deciding this
application. The objections primarily, are that the contract having been
entered and executed at Aligarh and the decree holder agreed ... judgment debtor's case that the award
passed is void ab-initio and the same cannot be treated as decree under the
provisions
there, the learned Single Judge, was dealing
with the provision in the contract, which stipulated damages cannot be claimed by
a contractor. The Court, after ... view that a clause of such nature would be void being against the public
interest and public policy as such a clause also defeat
Vls Finance Ltd. vs Bms It Institute Private Limited & Ors on 5 May, 2015
