Statutory bodies can't opt different ways to clear dues, says Telangana HC
1 year, 2 months ago

Statutory bodies can't opt different ways to clear dues, says Telangana HC

Deccan Chronicle  

Hyderabad: The Telangana High Court on Wednesday said the Hyderabad Metropolitan Development Authority and the Hyderabad Growth Corridor Limited cannot demand differential treatment in paying money owed to contractors for works done by them. The bench was dealing with an appeal filed by the HMDA challenging the orders of a Commercial Court, which had directed the HMDA and the HGCL to pay Rs 180 crore along with 12 per cent interest to Cyberabad Expressway Ltd, a contractor, for completing the works allotted by HMDA. In 2019, the Arbitration Authority directed the HMDA to pay the contract amount of Rs 140.89 crore and a bonus annuity of Rs 39.50 crore, totaling Rs 180 crore along with interest in four months. After considering the arguments, the High Court directed HMDA to deposit 50 per cent of the award money within six weeks and made it clear that its observations in the order were made solely for the purpose of deciding the Interlocutory Application and had no bearing on the merits of the case.

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History of this topic

Jharkhand HC Reduces Interest Rate, Compensation By MACT To Family Of Deceased 50-Year-Old, Cites Excessive Award Under Conventional Head
2 weeks, 5 days ago

Jharkhand HC Reduces Interest Rate, Compensation By MACT To Family Of Deceased 50-Year-Old, Cites Excessive Award Under Conventional Head

Live Law  

The Jharkhand High Court has slashed the interest rate on compensation awarded to the family of a 50-year-old barber who was struck by a mini-bus, ruling that the 12% annual interest granted by the Motor Accident Claims Tribunal, Dumka, was excessive. Justice Subhash Chand, presiding over the case, reduced the interest rate to 7.5%, stating, “The impugned Award passed by …

Court Not Having Jurisdiction To Entertain Application U/S 34 Cannot Go Into Merits Of Award: Himachal Pradesh High Court
1 month ago

Court Not Having Jurisdiction To Entertain Application U/S 34 Cannot Go Into Merits Of Award: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that once the court comes to the conclusion that it didn't have jurisdiction to entertain the application under section 34 of the Arbitration Act, it cannot go into the merits of the case. The court in the impugned order held that as per the law laid down …

Interest On Awarded Amount Cannot Exceed Rate Of 6% As Provided U/S 30(7) Of J&K Arbitration Act: High Court
1 month, 1 week ago

Interest On Awarded Amount Cannot Exceed Rate Of 6% As Provided U/S 30(7) Of J&K Arbitration Act: High Court

Live Law  

The Jammu & Kashmir And Ladakh High Court bench of Justice M A Chowdhary has held that section 30 of the Jammu and Kashmir Arbitration Act, 1997 which was amended in 2010 is retrospective in nature. It was further submitted that Section 31 of the J&K Arbitration and Conciliation Act, 1997 provided for grant of interest by the arbitrator for …

Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC
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1 month, 3 weeks ago

Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court bench of Justice Subodh Abhyankar affirmed that if arbitrator travels beyond the terms of the arbitration agreement while passing an award, such an award is liable to be set aside under section 34 of the Arbitration Act. Brief Facts This Arbitration Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 has been filed …

Telangana High Court Reiterates Limited Scope For Interference With Arbitral Awards U/S 34 Of Arbitration & Conciliation Act, 1996
2 months ago

Telangana High Court Reiterates Limited Scope For Interference With Arbitral Awards U/S 34 Of Arbitration & Conciliation Act, 1996

Live Law  

The Telangana High Court bench comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao has held that an interim order passed by an arbitral tribunal under section 17 of the Arbitration and Conciliation Act, 1996, restraining the encashment of a bank guarantee does not warrant interference under section 34 of the Act. The validity of the award was also …

S. 29A Of Arbitration Act Not Applicable To Arbitration Proceedings Which Commenced Before 2015 Amendment: Himachal Pradesh HC
2 months ago

S. 29A Of Arbitration Act Not Applicable To Arbitration Proceedings Which Commenced Before 2015 Amendment: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua affirmed that provisions of Section 29A of the Act will not be applicable to the arbitration proceedings that had started before the Arbitration & Conciliation Act, 2015 came into force. The NHAI feeling aggrieved against the enhancement in the market value determined by the Arbitrator took recourse to Section …

Court Rules on Jurisdiction of Arbitral Tribunal: Determining Whether Dispute is Arbitrable under Section 16 of the Arbitration and Conciliation Act, 1996
2 months ago

Court Rules on Jurisdiction of Arbitral Tribunal: Determining Whether Dispute is Arbitrable under Section 16 of the Arbitration and Conciliation Act, 1996

Live Law  

The Telangana High Court Bench of Chief Justice Alok Aradhe affirmed that the Arbitral Tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. However, the issue of limitation is a jurisdictional issue, which would be required to be decided by the arbitrator under Section 16, and not the …

Arbitrator Can Award Interest Anytime After The Award Is Passed Till Actual Payment Is Made: Uttarakhand High Court
6 months, 4 weeks ago

Arbitrator Can Award Interest Anytime After The Award Is Passed Till Actual Payment Is Made: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has upheld an arbitration award observing that an arbitrator can award interest after the award is given till the actual payment is made. Hearing the matter, the bench comprising Chief Justice Ritu Bahri and Justice Rakesh Thapliyal directed the state to pay additional interest as awarded by the arbitrator on the total amount due from the …

Legal Briefs | Telangana HC junks challenge to allotment of land to IHS
9 months, 1 week ago

Legal Briefs | Telangana HC junks challenge to allotment of land to IHS

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court on Thursday affirmed that they would not interfere with the allotment of a public health campus in the state. A writ plea was filed by V. Ravi Babu contending that proceedings were issued by the revenue department to an extent of 16 acres of an alleged market value of Rs 1 …

Arbitrator Taking A Different View Is Not A Ground To Set Aside Award: Telangana High Court
11 months ago

Arbitrator Taking A Different View Is Not A Ground To Set Aside Award: Telangana High Court

Live Law  

The Telangana High Court bench comprising Justice M.G. Thereafter, the Petitioner filed an appeal before the Telangana High Court arguing that both the ADJ and the Sole Arbitrator failed to consider their claim properly and requested the full amount claimed. Regarding the scope of interfering with the arbitration award, the High Court noted that there is limited scope for interfering …

Arbitration Weekly Round-Up: 8th January-14th January 2024
11 months, 3 weeks ago

Arbitration Weekly Round-Up: 8th January-14th January 2024

Live Law  

Delhi High Court Arbitral Tribunal Can Award Damages For Delay Attributable To Employer Even When The Agreement Provides For The Extension Of Time As The Only Remedy To The Contractor: Delhi High Court Case Title: MBL Infrastructure Ltd v. DMRC, OMP 311 of 2021. A Clause That Restricts The Right Of The Contractor To Seek Damages For Delay Attributable To …

Telangana High Court Upholds An Arbitral Award Directing Pulling Down Of A Building Incapable Of Human Habitation
1 year, 1 month ago

Telangana High Court Upholds An Arbitral Award Directing Pulling Down Of A Building Incapable Of Human Habitation

Live Law  

The High Court of Telangana has upheld an arbitral award passed by a sole arbitrator wherein the arbitrator directed the pulling down/demolition of the subject building after observing that it was no longer capable to have human habitation. Analysis by the Court The Court criticized the trial court for deeming the arbitrator's award beyond the arbitral proceedings' scope without considering …

Pay up for unauthorised constructions: Telangana HC
1 year, 2 months ago

Pay up for unauthorised constructions: Telangana HC

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court comprising Chief Justice Alok Aradhe and Justice N V Shravan Kumar on Friday dismissed a plea challenging the demand notice of the District Collector towards regularization fee. Harender Prasad, Special Government Pleader contended that if an application is made for regularization of unauthorized construction by encroaches and a sum is deemed …

Telangana HC's Verdicts: Appointments, Desilting, Compensation, and More
1 year, 6 months ago

Telangana HC's Verdicts: Appointments, Desilting, Compensation, and More

Deccan Chronicle  

Reassess Appointment of PSC Members, TS Told Hyderabad: A two-judge bench of the Telangana High Court on Friday remanded a matter pertaining to the appointment of members of TS Public Service Commission. HC allows desilting in River Manair Chief Justice Ujjal Bhuyan and Justice N. Tukaramji of the Telangana High Court on Friday disposed a batch of writ petitions challenging …

Supreme Court Disapproves Entertaining Of Writ Petitions For Executing Arbitration Awards Against NHAI: Supreme Court
2 years, 4 months ago

Supreme Court Disapproves Entertaining Of Writ Petitions For Executing Arbitration Awards Against NHAI: Supreme Court

Live Law  

The Supreme Court disapproved the entertaining of writ petitions seeking execution of Arbitration awards passed against National Highways Authority of India. "If the High Courts convert itself to the Executing Court and entertain the writ petitions under Article 226 of the Constitution of India to execute the award passed by the Arbitral Tribunal/Court, the High Courts would be flooded with …

Mere Erroneous Application Of Law; Award Need Not Be Set Aside: Bombay High Court
2 years, 4 months ago

Mere Erroneous Application Of Law; Award Need Not Be Set Aside: Bombay High Court

Live Law  

The Bombay High Court has reiterated that when the court is convinced that the Arbitrator has erred only on specific issues and that the arbitral award is otherwise sustainable, the court is not mandatorily required to set aside the entire award under Section 34 of the Arbitration and Conciliation Act, 1996. The Single Bench of Justice Manish Pitale ruled that …

Weekly Digest Of Arbitration Cases: April 10 To April 17, 2022
2 years, 8 months ago

Weekly Digest Of Arbitration Cases: April 10 To April 17, 2022

Live Law  

Bombay High Court 1. Claims Raised Before The Arbitral Tribunal Cannot Be Rejected Even If Not Mentioned In The Notice Issued Under Section 21 Of The A&C Act: Delhi High Court Case Title: Ministry of Youth Affairs & Sports versus Agility Logistic Pvt Ltd Citation: 2022 LiveLaw 307 The Delhi High Court has ruled that it is not necessary that …

Arbitral Award A Nullity If Passed Beyond Prescribed Period: Telangana High Court
2 years, 8 months ago

Arbitral Award A Nullity If Passed Beyond Prescribed Period: Telangana High Court

Live Law  

The Telangana High Court has held that the provisions of Section 29A of the Arbitration and Conciliation Act, 1996 are cast in mandatory terms and the mandate of the arbitrator terminates under Section 29A after the expiry of the prescribed period, making the arbitrator functus-officio and the award passed by him a nullity. The petitioner averred that as per the …

'Complete Abuse Of Process': Madras HC Imposes Rs 1 Lakh Costs For 'Worthless' Appeal, Cautions Against Impleading Arbitrators
3 years, 3 months ago

'Complete Abuse Of Process': Madras HC Imposes Rs 1 Lakh Costs For 'Worthless' Appeal, Cautions Against Impleading Arbitrators

Live Law  

The Madras High Court on Wednesday imposed Rs 1 lakh costs on an appellant while dismissing a challenge to an arbitral award by terming it to be an abuse of the process of law. The appellant was directed to pay Rs 50,000 to the respondent and a further Rs 50,000 to the Tamil Nadu Legal Services Authority within a month.A …

Arbitration Court Not Empowered To Embark On Fact-Finding Exercise While Deciding Application For Setting Aside Arbitral Award: Madras High Court
3 years, 10 months ago

Arbitration Court Not Empowered To Embark On Fact-Finding Exercise While Deciding Application For Setting Aside Arbitral Award: Madras High Court

Live Law  

"While it is not necessary for an arbitral award to justify every paisa or a rupee awarded to the claimant, the broad premise on which the quantum is founded has to be discernible from award itself for the award to be meaningful or even intelligible in legal terms," observed the Madras High Court recently. A Division Bench comprising of Chief …

Salaries & Pensions Are Rightful Entitlements Of Government Employees; Appropriate Interest Must Be Paid For Delayed Payment: Supreme Court
3 years, 10 months ago

Salaries & Pensions Are Rightful Entitlements Of Government Employees; Appropriate Interest Must Be Paid For Delayed Payment: Supreme Court

Live Law  

The Supreme Court observed that salaries and pensions are rightful entitlements of Government employees and the Government which has delayed the payment of salaries and pensions should be directed to pay interest at an appropriate rate.The Andhra Pradesh High Court had allowed a Public Interest Litigation filed by a former District and Sessions Judge and directed the payment of the. …

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