Arbitrator – Has no powers to recall & modify Award
Notification dated 23.1.2015 was issued under Section 3A(1) of the National Highways Act, 1956, for acquiring the land. On 17.8.2016, the Award was passed.
On 15.3.2018, the Arbitrator, on hearing the objections, set-aside the Award and remitted the matter for re-valuation by conducting spot inspection.
On 4.6.2018, the competent Authority passed fresh award. On 15.12.2018, before the Arbitrator, the NHAI agreed to make payment in three slabs. Later on, the Arbitrator passed another Award on 27.12.2019.
However, on 19.5.2020, the Arbitrator passed another Award recalling the earlier Award dated 27.12.2019 and directed to make payment as per the amended Award dated 25.3.2018.
Thereafter, on 28.5.2020, the Arbitrator passed another Award as amended Award and fixed only one slab.
Section 34 petition of NHAI was rejected by the District Judge.
Arbitral Tribunal can only correct and interpret an award. An additional award can be made only in respect of claims which were omitted from arbitral award. Interpretation of the award and additional award can be made only upon a request received by a party. However, correction can be done by the arbitral tribunal on its own within thirty days from the date of the arbitral award. However, none of these provisions give the power to the arbitral tribunal to recall and modify award.
Judgment dated 6.5.2024 of the Allahabad High Court in Arbitration Appeal No.41 of 2021 of National Highway Authority of India Vs. Musafir and others
