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November 2024

Allied Laws

By Dr. K. Shivaram, Senior Advocate, Rahul K. Hakani | Shashi Bekal, Advocates
Reading Time 8 mins

34. OPG Power Generation Pvt. Ltd. vs. Enexio Power Cooling Solution India Pvt. Ltd.

Civil Appeal No. 3981, 3982 of 2024 (SC)

20th September, 2024

Arbitration — Method of calculating period of limitation — Possible view taken by the Tribunal — No patent illegality found in the award — Award does not violate fundamental public policy. [S. 34, 37, Arbitration and Conciliation Act, 1996; S. 18, A. 58, Limitation Act, 1963]

FACTS

The Appellant had entered into a contract with the Respondent for the construction of a power plant. Thereafter, a dispute arose over the Appellant's unpaid amount of ₹6.75 crores to the Respondent. The Respondent invoked the arbitration clause, while the Appellant filed counterclaims. The Appellant alleged that ₹6.75 crores were deducted from the Respondent on account of liquidated damages, delayed project completion and towards customs duty paid by the Appellant. However, the Arbitral Tribunal rejected most of the Appellant's counterclaims, ruling that they were barred by the statute of limitations. Aggrieved, the Appellant challenged the award of the Arbitral Tribunal before the Hon’ble Madras Hogh Court (Single Bench) under secti

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