The Single Judge held that an appeal is not maintainable under Section 37 of the Arbitration and Conciliation Act, 1996 because the Tribunal did not accept the appellant's plea under Section 16. The appeal was dismissed.
Appeal dismissed. Liberty granted to challenge fee fixation under Section 34.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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..... Petitioner Through: Mr. Balendu Shekhar, Mr. Ravi Gopal, Mr. Raj Kumar Maurya and Mr. Vipul Singh, Advs.
versus
NORTH BIHAR HIGHWAY LIMITED
..... Respondent Through: Mr. Anshuman Pande and Ms. Gaurika Mohan, Advs.
CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO
I.A. 2202/2020 (for exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
ARB. A. (COMM.) 8/2020
“It is therefore most respectfully prayed that this Hon’ble Court may kindly be pleased to:
a) set-aside the order dated 19.12.2019 passed by the Ld. Arbitral Tribunal during the arbitral proceedings; b) hold that orders dated 12.06.2018; 08.08.2018, 26.03.2019, 24.07.2019, 26.08.2019, 23.10.2019 and 10.01.2020 with regard to fixation of arbitrators' fee beyond the agreement
between the parties to the lis and the settled law dealing the subject in issue;
c) may fix the Ld. Arbitrators' fee as per Article 44.3 of the Concession Agreement dated 03.09.2010 which is in accordance with the Rules of ICADR and subjected to the provisions of the Arbitration Act;
d) pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”
India Ltd., 2013 SCC OnLine Del 1273.
V. KAMESWAR RAO, J
FEBRUARY 17, 2020 /aky
2 issues framed by the court
Whether an appeal is maintainable under Section 37 of the Arbitration and Conciliation Act, 1996 when the plea under Section 16 regarding arbitrator's fee is rejected.
Whether the appellant can challenge the arbitration fee fixation under Section 34 of the Arbitration and Conciliation Act, 1996.
Colour shows how this judgement treated each authority
Indian Farmers Fertilizer Cooperative Limited v. Bhadra ProductsReferred¶23
Indian Farmers Fertilizer Cooperative Limited v. Bhadra Products, (2018) 2 SCC 534 · Who else cites this
Jain Studios Limited v. Maitry Exports Pvt. Ltd.Referred¶24
Jain Studios Limited v. Maitry Exports Pvt. Ltd., 2007 SCC OnLine Del 1898 · Who else cites this
National Highways Authority India v. Meco Gea Energy Systems India Ltd.Referred¶25
National Highways Authority India v. Meco Gea Energy Systems India Ltd., 2013 SCC OnLine Del 1273 · Who else cites this
2 provisions across 1 enactments
NATIONAL HIGHWAYS AUTHORITY OF INDIA
NORTH BIHAR HIGHWAY LIMITED
V. KAMESWAR RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
