07/03, 12:08] sekarreporter1: https://x.com/sekarreporter1/status/1765628125709545563?t=43ygMRIL1CHhOTnoogI5Bw&s=08[07/03, 12:09] sekarreporter1: [07/03, 12:05] sekarreporter1: Judgement delivered by the Hon’ble Division Bench consisting of Mr. Justice D.Krishnakumar and Mr.Justice P.Dhanabal. authored by Mr Justice D. Krishnakumar.[07/03, 12:05] sekarreporter1: [07/03, 12:04] sekarreporter1: Held:The court cannot modify an arbitration award but can set it aside partially or wholly if conditions under Section 34 are met. While the court cannot modify a claim, it can interfere with and set aside claims awarded by the arbitrator based on a breach of contract.

[07/03, 12:08] sekarreporter1: https://x.com/sekarreporter1/status/1765628125709545563?t=43ygMRIL1CHhOTnoogI5Bw&s=08
[07/03, 12:09] sekarreporter1: [07/03, 12:05] sekarreporter1: Judgement delivered by the Hon’ble Division Bench consisting of Mr. Justice D.Krishnakumar and Mr.Justice P.Dhanabal. authored by Mr Justice D. Krishnakumar.
[07/03, 12:05] sekarreporter1: [07/03, 12:04] sekarreporter1: Held:
The court cannot modify an arbitration award but can set it aside partially or wholly if conditions under Section 34 are met. While the court cannot modify a claim, it can interfere with and set aside claims awarded by the arbitrator based on a breach of contract.

 In the present case,  the court found that the respondent breached the contract, leading to the forfeiture of the performance guarantee and earnest money deposit, therefore as per the judgment of Hon'ble Supreme Court M/s.Larsen Air Conditioning and Refrigration Company Vs. Union of India & others (Civil Appeal Nos. 3798 of 2023, date 11.08.203) reported in 2023 Live Law (SC) 631, this Court held that  the respondent is not entitled to a refund of the earnest money deposit, interest charges on it cannot be granted- The court did not find any reason to interfere with the amount awarded for the refund of the security deposit- Accordingly,  confirmed the order of the Single Judge and the arbitrator's award regarding claim nos. 1, 2, and 5 and set aside the order of the Single Judge and the arbitrator's award regarding claim nos. 3, 4, and 9. The appeal was partly allowed.

[07/03, 12:04] sekarreporter1: Judgement delivered by the Hon’ble Division Bench consisting of Mr. Justice D.Krishnakumar and Mr.Justice P.Dhanabal. authored by Mr Justice D. Krishnakumar.