Case Name : Dakshin Haryana Bijli Vitran Nigam Limited vs Navigant Technologies Private Ltd Case Reference: (2021) 7 SCC 657 : (2021) 1 SCR 1135 Case Number: CA No 791/2021 Court: Supreme Court Bench: 02 Coram: Indu Malhotra (Author), Ajay Rastogi Date: 02.03.2021
There is only one arbitral award. A dissenting opinion or minority opinion does not determine rights and liabilities of parties. Only majority award can be enforced. (Para 4(i)) Minority opinion is not the arbitral award, but only an opinion (Para 4(i)). However, the dissenting opinion can be relied upon by the party seeking to set aside the award (Para 4(xx)(a)); and the court is not precluded from considering the findings and conclusions of the dissenting opinion of the minority member (Para 4(xx)(b))
Making and delivery of an Award are different stages of arbitral proceedings (Para 4(viii))
Signing of award is mandatory. The award is final only when it is signed. Each of the members must sign the award to make it a valid award. Signing of the award gives legal effect and finality to the award (Para 4(vii, viii, xvi))
Delivery must be of a signed copy of award by members of Arbitral Tribunal or Arbitrator and not any copy of award. (Para 4(ix, xi))
For limitation, period of limitation starts only on date on which signed copy of final award is received by parties. It is from this date that an application under A&C Act, 1996 - Section 33 may be filed and the proceedings would terminate under [A&C Act, 1996 - Section 32] (Para 4(ix, x, xi, xvii))
When delivery is on a holiday, or non-working day, it cannot be considered to be receipt of the award for the purposes of [A&C Act, 1996 - Section 31] (Para 4(xii))
The tribunal becomes functus officio on termination of proceedings, that is when the final award is passed, as proscribed in A&C Act, 1996 - Section 32 (Para 4(xiii, xvii))
The dissenting opinion must be delivered contemporaneously as the final award and not on a subsequent date. The period for rendering the award as also the dissenting opinion must be within the period prescribed in (Para 4(xiv))
Section 5 of Limitation Act does not apply to applications filed under Section 34 A&C Act. No further time can be given beyond the time specified in Section 34(3); and the thirty days beyond the three months can be granted only if sufficient case is made out. (Para 4(xviii))
Section 17 of Limitation Act cannot be extended to section 34 of A&C Act. Time limit under section 34(3) specifies that no further time can be granted beyond the time period mentioned. (Para 4(xix))
If objections are not filed within the period prescribed, holder would be entitled to move for enforcement of the arbitral award as a deemed decree of the court (Para 4(xix))
Notes that dissenting view upheld in Ssangyong Engineering & Construction Co Ltd vs National Highways Authority of India, (2019) 15 SCC 131 :: permissible only by invoking powers of SC under Article 142
The court has no powers to modify an arbitral award (Para 4(xx)(f)). The court can only dismiss the objections filed and uphold the award OR set aside the award if the grounds contained in Section 34(2) and Section 34(2A) are made out.
Refer also: Union of India vs Tecco Trichy Engineers & Contractors, (2011) 4 SCC 616 & Anilkumar Jinabhai Patel vs Pravinchandra Jinabhai Patel, (2018) 15 SCC 178 - relied upon, approved Union of India vs Popular Construction, (2019) 12 SCC 455 & Simplex Infrastructure vs Union of India, (2019) 12 SCC 455 - relied upon P Radha Bai vs P Ashok Kumar, (2019) 13 SCC 445
See also: Section 2(1)(c) Section 2(1)(d) A&C Act, 1996 - Section 23 A&C Act, 1996 - Section 29 A&C Act, 1996 - Section 29-A A&C Act, 1996 - Section 31 A&C Act, 1996 - Section 32 A&C Act, 1996 - Section 35 A&C Act, 1996 - Section 36 A&C Act, 1996 - Section 37 Constitution - Article 142 Limitation - Section 5 Limitation, Section 17