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An Arbitrator cannot award an amount that he may feel is just to a party in the interest of justice, when there is no specific Claim in that regard | A finding based on no evidence at all or an award which ignores vital evidence in arriving at its decision would be perverse and liable to be set aside on the ground of patent illegality – Five Star Construction Pvt. Ltd. Vs. Orchid Infrastructure Developers Pvt. Ltd. – Delhi High Court

The Division Bench of Hon’ble Delhi High Court has held that:
(i) The Arbitrator’s conclusions could have been based only on the Claims raised by the parties. An Arbitrator cannot award an amount that he may feel is just to a party in the interest of justice, when there is no specific Claim in that regard.
(ii) A finding based on no evidence at all or an award which ignores vital evidence in arriving at its decision would be perverse and liable to be set aside on the ground of patent illegality.
(iii) Further, in PSA Sical Terminals Pvt. Ltd. v. The Board of Trustees of Chidambaran Port Trust Tuticorin and others, (2021) ibclaw.in 204 SC. the Apex Court held that an Award based on no evidence, shall be perverse.
(iv) The Arbitrator, in the present case, had awarded a sum that was for a non-existing Claim, based on no cogent reasoning or evidence.
(v) The Award given by Arbitrator has been rightly set aside under Section 34 of the Act, 1996.

An Arbitrator cannot award an amount that he may feel is just to a party in the interest of justice, when there is no specific Claim in that regard | A finding based on no evidence at all or an award which ignores vital evidence in arriving at its decision would be perverse and liable to be set aside on the ground of patent illegality – Five Star Construction Pvt. Ltd. Vs. Orchid Infrastructure Developers Pvt. Ltd. – Delhi High Court Read Post »

RERA Series II – Legal Aspects with respect to Promoter and Allottees under RERA – By Advocate Amarpal Singh Dua

In the previous post the introduction as well as the other important concepts were discussed which are quintessential to understand the Real Estate (Regulation and Development) Act, 2016 (RERA Act) . This article aims to provide an overview of the Obligations and Responsibility of the Promoter; Rights & Obligations of allottees.

RERA Series II – Legal Aspects with respect to Promoter and Allottees under RERA – By Advocate Amarpal Singh Dua Read Post »

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