NHPC LIMITED versus M/S PATEL ENGINEERING LIMITED

NHPC LIMITED versus M/S PATEL ENGINEERING LIMITED

Since the arbitral award was set aside, the basis for the High Court’s Section 9 order no longer survives, and thus, the order is set aside.

Parties
Appellant: NHPC LIMITED; Respondent: M/S PATEL ENGINEERING LIMITED
Jurisdiction
India
Judgment Date
30 November 2018
Procedural Posture
Civil Appeal / Final Disposition
Outcome
Appeal disposed of
Legal Topics
Post Award Application Under Section 9, Limitation Period for Challenge Under Section 34, Interim Release of Award Amount
Arbitration Post Award Application Under Section 9 Limitation Period for Challenge Under Section 34 Interim Release of Award Amount

Case Brief

Summary, issues, holding and outcome

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Parties

NHPC LIMITED

Appellant

M/S PATEL ENGINEERING LIMITED

Respondent

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Whether a post-award application under Section 9 can be entertained before expiry of limitation for filing Section 34 challenge
  2. 2 Effect on Section 9 order when arbitral award is set aside

Ratio Decidendi

Since the arbitral award was set aside, the basis for the High Court’s Section 9 order no longer survives, and thus, the order is set aside.

Court Disposition

Appeal disposed of

Orders

  • The High Court’s order dated 22 August 2016 is set aside.
  • All rights and contentions regarding the challenge to the arbitral award are kept open.