Chief General Manager v. M/S Talat Construction
Case brief
What is this about?
Keywords: ARBA appeal Section 37 Arbitration and Conciliation Act 1996; setting aside arbitral award Section 34; Section 34(2A) patent illegality; Section 29A time limit prospective applicability; Section 26 Arbitration and Conciliation (Amendment) Act 2015; proceedings commenced before amendment; loss of profit claim unsupported by pleadings/evidence; no work order no concluded contract no breach; travelled beyond scope of contract; conflict with public policy of India; interest on security deposit expressly barred Clause 8.1 NIT bid security EMD; BSNL underground cable laying tender Ambikapur Surguja; M/s Talat Construction; Unibros v. All India Radio AIR 2023 SC 5231; Tata Sons v. Siva Industries (2023) 5 SCC 521; refund of security deposit without interest; Section 34 dismissal mechanical.
What did the court decide?
Appeal under Section 37 allowed: the order dated 11.09.2018 passed by the District Judge, Surguja (Ambikapur) in Misc. Civil Case No. 65/2017 and the arbitral award dated 15/04/2017 are set aside; appellant/BSNL directed to refund the security deposit of Rs. 62,500 to the respondent/claimant within 30 days, without interest (per Clause 8.1 of the NIT); no order as to costs.