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Case Law Details

Case Name : Jayaram Panda Vs Project Director (Orissa High Court)
Appeal Number : ARBA No. 58 of 2018
Date of Judgement/Order : 09/05/2022
Related Assessment Year :
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Jayaram Panda Vs Project Director (Orissa High Court)

Sub-section (3) in section 31 mandates that the arbitral award shall state the reasons, upon which it is based unless, inter alia, it is to be made as per the clauses (a) and (b) in the sub-section. Said clauses do not apply in the facts and circumstances, as parties had not agreed to have the award without reasons or that it was an award based on agreed terms.

Appellant had a contesting claim in the Tribunal, of seeking higher compensation. As aforesaid, the Tribunal directed its attention to settling the dispute between State and NHAI regarding the reassessment made by the Technical Committee at Rs.55,69,904/- and awarded the same.

The award being bereft of reason, goes against the mandate of the Act and therefore is against public policy. It is set aside.

FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT

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