JAJODIA (OVERSEAS) PVT. LTD. versus THE INDUSTRIAL DEVELOPMENT CORPORATION OF ORISSA LTD.

JAJODIA (OVERSEAS) PVT. LTD. versus THE INDUSTRIAL DEVELOPMENT CORPORATION OF ORISSA LTD.

The award is not a reasoned or speaking award; no inconsistency on the face of the award vitiates it; the agreement and pleadings were not incorporated by reference; there was sufficient material to support the damages awarded; grounds to set aside the award were not established.

Parties
Appellant/respondent: Jajodia (Overseas) Pvt. Ltd.; Respondent/appellant: The Industrial Development Corporation of Orissa Ltd.
Jurisdiction
India
Judgment Date
15 January 1993
Procedural Posture
Civil Appeal / Supreme Court Cross Appeals Following Orissa High Court Judgment and Subordinate Judge's Order
Outcome
Civil Appeal No. 571 of 1980 (by IDCO) dismissed; Civil Appeal No. 572 of 1980 (by JOPL) allowed; judgment and order of Subordinate Judge, Bhubaneshwar dated 9th March, 1979 restored; no order as to costs.
Legal Topics
Arbitration Award, Damages for Breach of Contract, Error Apparent on Face of Award, Incorporation by Reference, Reasoned Award
Arbitration Contract Law Arbitration Award Damages for Breach of Contract Error Apparent on Face of Award Incorporation by Reference Reasoned Award

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Parties

Jajodia (Overseas) Pvt. Ltd.

Appellant/respondent

The Industrial Development Corporation of Orissa Ltd.

Respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Cross Appeals Following Orissa High Court Judgment and Subordinate Judge's Order

Legal Issues

  1. 1 Whether the arbitration award is a reasoned/speaking award
  2. 2 Whether alleged inconsistencies apparent on the face of the award vitiate it
  3. 3 Whether the agreement or pleadings were incorporated in the award by reference

Ratio Decidendi

The award is not a reasoned or speaking award; no inconsistency on the face of the award vitiates it; the agreement and pleadings were not incorporated by reference; there was sufficient material to support the damages awarded; grounds to set aside the award were not established.

Court Disposition

Civil Appeal No. 571 of 1980 (by IDCO) dismissed; Civil Appeal No. 572 of 1980 (by JOPL) allowed; judgment and order of Subordinate Judge, Bhubaneshwar dated 9th March, 1979 restored; no order as to costs.

Orders

  • Civil Appeal No. 571/80 dismissed
  • Civil Appeal No. 572/80 allowed