Supreme Court of India

Konkan Railway Corporation Limited v. Chenab Bridge Project Undertaking

Neutral citation
Reported as [2023] 11 S.C.R. 215
Bench Dr. Dhananjaya Y Chandrachud, Pamidighantam Sri Narasimha and J. B. Pardiwala JJ.
Decided 17 August 2023

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What the Court ordered

For the reasons stated above, we allow Civil Ap peal No. 2903 of 2023 and set aside the judgment of the Divi sion Bench of the High Court of Judicature at Bombay in Appeal No. 458 of 2019 dated 23.09.2022, and restore the judgment and order of t he Single Judge in Arbitration Petition No. 546 of 2015 dated 17.01.2019 . No order as to costs.

Judgment, page 17

From the headnote

Issue for consideration : In the instant appeal, the legality of the order passed by the Division Bench of the High Court in an appeal u/s. 37 of the Arbitration and Conciliation Act, 1996 by which the concurrent fi ndings of the arbitral tribunal and that of the Single Judge of the High Court u/s. 34 of the Act rejecting all claims were set aside and certain claims were allowed, is challenged. Arbitration and Conciliation Act, 1996 – ss. 34 and 37 – Arbitral award – Concurrent interpretations of the contractual clause pertaining to the disputes, by the arbitral tribunal and the Single Judge

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