13 July 2021, Tuesday

2 years ago

4. Award set aside to the extent the tribunal completely overlooked a claim (Delhi High Court)

13 May 2021| Gupta and Co. v. DDA | OMP (Comm) 150 of 2021 | Vibhu Bakhru J

The petitioner challenged an arbitral award made in its favour to the extent that the tribunal ignored its claim of pre-reference interest on specific amounts earlier withheld by the DDA. Held, in a normal circumstance, the inference is that the claim was rejected. But that conclusion cannot be easily drawn here because pre-reference interest had been awarded on the amount released belatedly.

The award completely overlooks the matter, and it appears that it escaped the attention of the tribunal. Accordingly, in the absence of any reasons following, Dyna Technologies Private Limited v. Crompton Greaves Limited, (2019) 20 SCC 1 and SomDatt Builders Limited v. State of Kerala, (2009)10 SCC 259, the award to that limited extent set aside.

Access the judgment here.


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