Nhpc Limited vs M/s Patel Engineering Limited

Court

Supreme Court of India

Date

30 November 2018

Case No.

Civil Appeal No. 11700 of 2018

Result

Disposed

Bench

D.Y. Chandrachud, M.R. Shah

Citation

[2018] 14 S.C.R. 1101 : 2018 INSC 1124

Headnote

Arbitration and Conciliation Act, 1996: ss. 9 and 34 – Postaward application u/s. 9 - Application allowed and the appellant called upon to release the amount covered by the arbitral award – Challenge to, on the ground that the order of the High Court was passed even though the period of limitation for challenging the award u/s. 34 was still to expire – Appellant’s case that the application u/s.9, filed within the period of limitation prescribed for challenging the award ought not to have been entertained – Issuance of notice in these proceedings and stay of the operation of the impugned order of the High Court till the next date of listing – During the course of the hearing, award of the arbitral tribunal set aside – Since the arbitral award has been set aside, the basis on which the impugned order was passed by the High Court ceases to survive, the order passed by the High Court is set aside.

The Judgment of the Court was delivered by DR. DHANANJAYA Y CHANDRACHUD, J. Leave granted. 1. The High Court by its impugned order dated 22 August 2016, allowed a post-award application under Section 9 of the Arbitration and Conciliation Act, 1996 (‘the Act’). As a result, the appellant was called upon to release the amount covered by the arbitral award along with interest subject to the respondent furnishing a Bank Guarantee equal to the awarded amount for a period of one year. 2. The grievance of the appellant is that the order of the High Court dated 22 August 2016 was passed even thoug

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