NTPC v. Wpil
Case brief
What is this about?
This appeal challenges an arbitral award limiting damages to the encashed bank guarantee instead of the full claim. The court upheld the award, finding the contract termination lawful but the respondent's substitute-offer valid for loss mitigation, noting insufficient proof of actual third-party costs.
What did the court decide?
No order as to costs.
What the court decided
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision : 08.08.2019
- OMP(COMM) 98/2017
NTPC ..... Petitioner Through: Mr.Bharat Sangal, Sr. Adv. with Mr.Ashim Vachher, Ms.Babita Kushwaha, Ms.Laimon Rani Boro, Mr.Vaibhav Dabas, Advs. alongwith Ms.Preeti Bhardwaj, Law Officer. versus WPIL ..... Respondent Through: Mr.T.K.Ganju, Sr. Adv. with Mr.Munindra Dvivedi, Ms.Divya Bhalla, Ms.Aathira Pillai, Advs.
CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J. (Oral)
- This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) has been filed by the petitioner challenging the Arbitral Award dated 25.07.2015 passed by the Arbitral Tribunal adjudicating the disputes that have arisen between the parties in relation to the Contract Agreements dated 30.06.2005 executed between the parties for the CW System Package for Sipat Super Thermal Power Project Stage -I
OMP(COMM) No.98/2017
Page 1
(3 X 660 MW) COA NO.:CS-9518-133-2-FC-COA-4575 and COA No.:CS-9518-133-2-SC-COA-4576.
Issues for consideration
3 issues framed by the court
Whether the appellant is entitled to interfere with the arbitral award reducing damages from the full claim to the encashed bank guarantee amount.
Whether the termination of the contract by the appellant was illegal.
Whether the arbitral tribunal correctly applied the mitigation of losses principle regarding the respondent's offer to substitute the associate.
Parties & counsel
- appellant
NTPC
- respondent
WPIL
Coram
Navin Chawla
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court