KIDDE INDIA vs NTPC

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 04.02.2026 Judgment pronounced on: 12.05.2026 + CS(OS) 549/2009 & I.A. 5570/2009 (for Setting Aside majority Award dated 09.12.2008) KIDDE INDIA .....Plaintiff Through: Mr. Chandan Kumar and Mr. Vikram Sharma Advocates. versus NTPC .....Defendant Through: Mr. Puneet Taneja, Senior Advocate along with Mr. Manmohan Singh Narula, Mr. Amit Yadav and Mr. Anil Kumar, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Suit arises from the Arbitral Award dated 09.12.20081 passed under the Arbitration Act, 19402 by the majority (comprising of Shri Madan Lal, Justice (Retd.) CL Chaudhary) of 3 members Arbitral Tribunal comprising of Shri Madan Lal, Justice (Retd.) CL Chaudhary and Justice (Retd.) MC Agarwal, whereby 1 Impugned Award 2 1940 Arb Act Signature Not Verified CS(OS) 549/2009 Page 1 of 72 Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:14.05.2026 17:30:53 certain claims made by the Plaintiff were allowed and an aggregate amount of Rs. 1,12,36,762/- was awarded to the Plaintiff. PREFACE: 2. After the passing of the Impugned Award, the Plaintiff filed an Application under Section 14 read with Section 17 of the 1940 Arb Act seeking to make the Impugned Award, the Rule of Court, which was numbered as CS(OS) 72/2009. In the meantime, however, the learned Arbitral Tribunal, suo moto, filed the Impugned Award before this Court and the same came to be registered as a separate suit, being CS(OS) 549/2009. 3. In view of the said development, the Plaintiff‟s suit, CS(OS) 72/2009, was disposed of. Consequently, the present Suit, being CS(OS) 549/2009, continues for the purpose of making the Impugned Award the Rule of the Court. 4. Therea