PRASAR BHARATI Vs. SHYAM SPECTRA PVT LTD

JUDGEMENT

(1.) The appellant impugns an order dtd. 4/6/2021 (hereafter 'the impugned order') passed by the learned Commercial Court in O.M.P.(COMM.) 43/2020 captioned "Shyam Spectra Pvt. Ltd. v. Prasar Bharti". By the impugned order, the learned Commercial Court set aside an arbitral award dtd. 7/1/2020 (hereafter 'the impugned award'), whereby the Arbitral Tribunal allowed the appellant's claim and awarded a sum of Rs.14,50,502.00 along with interest at the rate of 18% per annum till the date of payment. In addition, the Arbitral Tribunal also awarded costs, in favour of the appellant.

(2.) The learned Commercial Court found that the Arbitral Tribunal had construed the contract between the parties as no reasonable person would. The claims made by the appellant were barred by limitation and the impugned award is vitiated by patent illegality.

(3.) It is contended on behalf of the appellant that the learned Commercial Court has exceeded its jurisdiction; it has re-appreciated the evidence and re-adjudicated the disputes, which is impermissible.