NTPC Vs. HINDUSTAN CONSTRUCTION COMPANY LIMITED

JUDGEMENT

(1.) FAO(OS) 154/2015 is an appeal impugning the order dated 03.02.2015 in OMP No.626/2014 whereby the learned Single Judge relying on the order passed in Execution Petition No. 151/2014 has held that the challenge in the objections under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') petition registered as OMP No.626/2014 would not include a challenge to the award of the Arbitral Tribunal to the extent it has allowed the respondent's claims (i), (v) & (vii) under Claim No.2 and has restricted the challenge to the remaining part of the impugned award dated 29.09.2013.

(2.) EFA(OS) 10/2015 impugns order also dated 03.02.2015 whereby the learned Single Judge has held that the appellant has no objection to the Arbitral Tribunal having allowed the respondent's claims at serial no. (i), (v) & (vii) and has, thus, held that the challenge under Section 34 of the Act to the award (OMP 626/2014) does not include a challenge to the aforementioned claims of the appellant and the further direction to the appellant to pay to the respondents the amount as determined by the Arbitral Tribunal in respect of the aforesaid claims.

(3.) The order dated 03.02.2015 passed in Execution Petition No. 151/2014 has been passed on the ground that there is a clear admission on the part of the appellant that the respondents are entitled to the claims at serial nos. (i), (v) & (vii). The learned Single Judge has held that the said admission amounts to an admission of liability and as such has directed the payment of the awarded amount with respect to the said claims and has and restricted the challenge under section 34 to claims other than the said claims. Since the order dated 03.02.2015 passed in OMP 626/2014 is passed solely on the basis of the order dated 03.02.2015 passed in Execution Petition No.151/2014, both the appeals involve a common question of fact and law and as such are being disposed of together.