Union of India Thru Garrison Engineer Af vs MS Yauk Engineers - 2024-AHC-59078 Judgement - 5 April 2024
Country
Year
2024
Summary
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The District Judge's failure to correct the Arbitrator's decision also represents a serious miscarriage of justice and therefore, the District Judge's decision must be revisited and corrected.
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CONCLUSION AND DIRECTION
51. In light of the same, it is apparent that the award of Rs.6,22,268/- along with interest in favour of the Respondent on account of repairing of defects in transformer was in violation of Section 28(3) of the Act as it stood before the Amendment Act, 2015. Since the award of the claim was against the clear provisions of the contract, therefore, this Court in exercise of its power under Section 37 of the Act, sets aside the order dated January 12, 2012, passed by the District Judge, Agra, in Arbitration Case No. 406 of 2006, under Section 34 of the Act only to the extent that upholds the award of Rs.6,22,268/- along with interest to the Respondent on account of costs incurred towards repairing the defects in the transformer. Consequently, the arbitral award dated July 31, 2006, is also set aside to that limited extent. I make it clear that the rest of the arbitral award stands as it is.
52. The instant arbitration appeal is disposed of on the aforesaid terms.
53. There shall be no order as to the costs.
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