Delhi High Court Weekly Round-Up: November 11 To November 17, 2024
Live LawCitations 2024 LiveLaw 1219 to 2024 LiveLaw 1145 NOMINAL INDEX Prashant Manchanda v. Union of India & Ors. Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court Case Title: Bharat Broadband Network Ltd v. Paramount Communications Ltd Citation: 2024 LiveLaw 1222 The Delhi High Court bench of Justices Rekha Palli and Saurabh Banerjee affirmed that the Court under section 37 of the Arbitration Act cannot undertake an independent assessment of the merits of the award, and must only ascertain that the exercise of power by the Court under Section 34 has not exceeded the scope of the provision Inordinate, Unexplained Delay In Passing Award After Conclusion Of Arguments Can Be Ground To Set Aside U/S 34 Of Arbitration Act: Delhi High Court Case Title: HR BUILDERS THROUGH GPA HOLDER V. DELHI AGRICULTURAL MARKETING BOARD Citation: 2024 LiveLaw 1223 The Delhi High Court bench of Justice Sachin Datta has held that inordinate and unexplained delay in passing an award from the date of the conclusion of the pleadings can be a ground to set it aside under section 34 of the Arbitration Act. Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court Case Title: RUDRA BUILDWELL PVT LTD. v. REALWORTH INDIA PVT LTD Citation: 2024 LiveLaw 1224 The Delhi High Court bench of Justice Sachin Datta has held that conduct of the parties has to be seen before granting equitable relief for specific performance of the contract. Court U/S 45 Of Arbitration Act Must Refer Parties To Arbitration Unless Agreement Is Void Or Inoperative: Delhi High Court Case Title: BALAJI STEEL TRADE versus FLUDOR BENIN S.A. AND ORS Citation: 2024 LiveLaw 1239 The Delhi High Court bench of Justice Dinesh Kumar Sharma affirmed that Section 45 of the Arbitration Act casts a statutory mandate on Courts to refer parties to an arbitration agreement to arbitration. Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court Case Title: CENTAURUS GREEN ENERGY PRIVATE LIMITED versus RAJSHREE EDUCATIONAL TRUST Citation: 2024 LiveLaw 1245 The Delhi High Court bench of Justice Subramonium Prasad has held that pre requirement of conciliation in an arbitration clause before invoking the arbitration cannot be a bar to file an application under section 11 of the Arbitration Act seeking appointment of an Arbitrator.