2013 (12) TMI 1580 - HC - Indian Laws

Summary

Issues involved: Interpretation of clause 70.8 of the General Conditions of Contract (GCC) and applicability of Division Bench decisions in arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996.

Interpretation of clause 70.8 of GCC:
The learned Single Judge rejected the submission of the petitioner based on two reasons. Firstly, it was found that the submission did not align with a plain reading of clause 70.8 of the GCC. Secondly, the issue had already been addressed in three judgments of the Division Bench of the court, namely in cases involving National Highways Authority of India against various entities. The judgments cited were FAO(OS) No. 451/2012, FAO(OS) No. 48/2012, and FAO(OS) No. 347/2013. As the matter was deemed to be covered by these decisions, the appeals were dismissed accordingly, with no costs imposed.

Applicability of Division Bench decisions in arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996:
The learned Single Judge based the decision on the Division Bench rulings related to similar issues involving the National Highways Authority of India. By following the precedents set in the judgments of FAO(OS) No. 451/2012, FAO(OS) No. 48/2012, and FAO(OS) No. 347/2013, it was concluded that the present appeals should be dismissed in line with the established legal interpretations. No costs were awarded in this regard.