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Delhi High Court: Procedural orders cannot be considered as interim award or challenged under Section 34 of Arbitration Act
The Daily Guardian
|November 26, 2024
The Delhi High Court bench of Justice Subramonium Prasad in the case Conslight Infra Company Pvt Ltd. versus Concept Engineers And Ors observed and has held that a procedural order given by an Arbitral Tribunal, such as rejecting an application filed seeking impleadment of a party, does not qualify as an interim award.
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So, the same cannot be challenged under Section 34 of the Arbitration and Conciliation Act, 1996.
Facts of the Case:
The petition was filed under section 34 of the Arbitration and Conciliation Act, 1996 challenging the order, by which an application under Order I Rule 10 CPC filed on behalf of the petitioner.
The present dispute arose with respect to a Service Contract Agreement executed on September 25, 2019.
Rajesh Kumar Srivastava, who was the director of the petitioner executed the Service Contract Agreement and Rs.5,77,44,000/- was credited to respondent No.1. The petitioner terminated the agreement and revoked the authorities of Rajesh Kumar Srivastava after it came to know about the fraudulent activities done by him.
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