M/S Instapower Limited vs Gujrat State Electricity Corporation … on 17 March, 2026

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    Uttarakhand High Court

    M/S Instapower Limited vs Gujrat State Electricity Corporation … on 17 March, 2026

                                                                        2026:UHC:1780-DB
    
                                                                    RESERVED JUDGMENT
    
    
             IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
            HON'BLE THE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA
                                   AND
                 HON'BLE SHRI JUSTICE SUBHASH UPADHYAY
    
                 APPEAL FROM ORDER No. 354 OF 2019
    
    M/s Instapower Limited.
                                                                             ...Appellant
                                            Versus
    
    Gujrat State Electricity Corporation Limited and another.
    
                                                                        ...Respondents
    
    Counsel for the appellant.        :   Mr. Karthik Jayashankar, learned counsel.
    
    Counsel for respondent no. 1.     :   Mr. V.K. Kohli, learned Senior Counsel
                                          assisted by Mr. I.P. Kohli, learned counsel.
    
    
                                          JUDGMENT RESERVED : 24TH FEBRUARY, 2026
                                            JUDGMENT DELIVERED : 17TH MARCH, 2026
    
    JUDGMENT :

    (per Hon’ble The Chief Justice Shri Manoj Kumar Gupta)

    1. This Appeal, under Section 37 of the Arbitration and

    SPONSORED

    Conciliation Act, 1996 is directed against the judgment and

    order dated 10.07.2019 passed by the Additional District

    Judge (Commercial), Dehradun, in Arbitration Case No.

    160/2016, whereby the petition filed by respondent no. 1

    (hereinafter, referred to as the ‘respondent-company’), under

    Section 34 of the Arbitration and Conciliation Act, 1996 (for

    short, hereinafter referred to as the ‘Act’) was allowed, and

    the Arbitral Award dated 29.07.2016, rendered by the

    respondent no. 2-Uttarakhand State Micro and Small

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    Enterprises Facilitation Council, Dehradun (for short ‘the

    Facilitation Council’), was set-aside.

    2. The facts, giving rise to the present proceedings, in

    brief, are that the respondent-company invited tender for

    supply of 5350 numbers of 28 watt Retrofit Type Energy

    Efficient Tubelights (T5) for use at its Thermal Power Stations.

    Pursuant thereto, the bid of the appellant came to be

    accepted, and a Purchase Order was issued on 10.06.2008,

    which stipulated that the goods would be supplied within four

    months of the order. Clause 11 provided that delivery of

    goods would be made, after getting the sample approved from

    the respondent-company.

    3. Clause 8 of the Purchase Order provides for

    imposition of penalty for late delivery. Clause 8 is as follows:-

    “8. Penalty for Late Delivery:

    In case, the materials are not delivered within the
    period stipulated in the order, penalty shall be levied at ½%
    per week on the prices (End cost) subject to maximum 10%
    reckoned on the value of undelivered supplies.

    Due consideration will be given for waival / levy of
    penalty only for the reasons absolutely beyond your control
    (Viz.Force Majeure conditions) for which documentary
    evidence will have to be provided. The request for
    extension in delivery giving reasons and supporting
    documents shall have to be made within one month on
    completion of the supply.”

    4. Clause 9 relates to extension in the contractual

    delivery date and power of the respondent-company to

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    consider extension of delivery period with or without penalty,

    if the appellant were able to prove by documentary evidence

    that the delivery got delayed on account of reasons beyond its

    control. Relevant part of Clause 9 is as follows :-

    “9. Extension in the Contractual Delivery Date:

    It will be supplier’s responsibility to ensure that goods
    are delivered within the stipulated delivery period. However,
    if on account of reasons beyond ones control as laid down in
    the DGS & D Force Majeure Conditions the Company may
    consider extension of delivery period with or without penalty
    & with or without statutory variations. However, delivery
    extensions will be considered only after execution of the
    order fully and upon submission of documentary evidence for
    the reasons of delay.

    However, such extension will be subject to the following
    conditions shown hereunder.

              a)    ......
              b)    ......
              c)    ......"
    
    
    
    

    5. The appellant, for the first time, submitted sample

    for approval on 08.07.2008, but which was not approved, and

    was rejected. On 25.08.2008, the appellant was asked to

    submit a new sample. The second sample was submitted on

    06.10.2008, which was again not found to be suitable, and

    hence was rejected. On 10.10.2008, the appellant was

    informed about the rejection of the sample and also that it had

    not deposited Security Deposit, as per Clause 48. On

    21.11.2008, the respondent-company issued a show-cause

    notice to the appellant, whereby it was required to show

    cause, as to why the Purchase Order should not be cancelled.

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    On 02.12.2008, the appellant submitted a request to permit it

    to submit fresh sample. In this regard, a letter dated

    18.12.2008 was issued to the appellant. The appellant

    submitted another sample, and it was approved on

    23.12.2008. According to the respondent-company, the

    appellant failed to submit Test Certificate, as was required

    under Clause 29. The said fact was intimated to the appellant,

    vide letter dated 17.01.2009. The appellant was issued

    reminders dated 20.02.2009 and 03.03.2009 for furnishing

    Test Certificate, and, ultimately, it was submitted on

    12.03.2009.

    6. As per Clause 11, all supplies were subject to

    inspection of the respondent-company, and the Joint

    Inspection was carried at Gurgaon, Haryana on 04.06.2009.

    Ultimately, the goods were supplied in the month of July/

    August, 2009, i.e. more than after one year.

    7. According to the respondent-company, since the

    appellant supplied the goods after the stipulated period of four

    months, hence, as per agreed terms and conditions, a total

    penalty of Rs. 2,48,715/- was imposed upon the appellant.

    The appellant requested for waiver of the penalty, and the said

    request was rejected by the respondent-company by its letter

    dated 18.08.2010.

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    8. Further, according to the respondent-company,

    some of the goods supplied were defective. The appellant

    company failed to replace the same and, therefore, in terms of

    Clause 53 (Guarantee Clause), adjustment of value of goods

    to the extent of Rs. 2,16,140/- was made from the bank

    guarantee.

    9. The appellant, being aggrieved, by the imposition of

    penalty and deductions made by the respondents, initiated

    proceedings before the Facilitation Council, contending that

    the delay in supplies was not attributable to it. Its case was

    that it could not have commenced supplies, unless the

    samples were approved by the respondent-company; that the

    respondent-company did not approve the samples within the

    original period of four months, and, that once approval was

    granted and inspection completed, the supplies were made

    soon thereafter. The appellant, thus, asserted that the delay

    was occasioned by the acts attributable to the respondent-

    company, and, therefore, no penalty could lawfully be imposed

    upon it. It further claimed that certain amounts have been

    wrongly withheld by the respondent-company, and that the

    encashment/ adjustment of bank guarantee was unjustified.

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    10. The appellant, consequently, claimed the benefits of

    the provisions of the Micro, Small and Medium Enterprises

    Development Act, 2006 (for short, hereinafter referred to as

    MSMED Act‘). The Claim Petition was instituted before the

    Council, whereupon notice was issued to the respondent-

    company, and the matter initially underwent the stage of

    conciliation, as contemplated under Section 18 of the MSMED

    Act. As the dispute was not resolved in conciliation, the

    Council proceeded to take up the matter as arbitration, under

    Section 18(3) of the MSMED Act. Before the Facilitation

    Council, both sides filed their pleadings and documents. The

    appellant asserted that a sum remained outstanding towards

    the price of goods, and that it was also entitled to statutory

    interest under the MSMED Act, on account of delayed

    payment. The respondent-company filed its response,

    disputing the claim, and, consequently, defending the

    deductions, on the basis of the terms of the Purchase Order,

    and the admitted delay in supply. Ultimately, the Facilitation

    Council, allowed the claim of the appellant by award dated

    29.07.2016, and directed the respondent-company to pay

    interest in accordance with the provisions of MSMED Act.

    11. Aggrieved by the award, the respondent-company

    filed objections, under Section 34 of the Act, before the

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    Commercial Court, Dehradun. The principal ground for

    challenging the award was that the Facilitation Council did not

    consider the contractual clauses, governing delay and penalty.

    Consequently, the award had proceeded without adjudication

    of the defence of the respondent-company, and also that the

    award was virtually a non-speaking and unreasoned award.

    12. The Commercial Court, upon consideration of the

    material on record, allowed the objections under Section 34 of

    the Act, and set aside the Arbitral Award. It is this order,

    which is under challenge in the present Appeal filed under

    Section 37 of the Act.

    13. The submission of learned counsel for the appellant

    is that the Commercial Court has transgressed limits of

    jurisdiction, available under Section 34 of the Act. It is

    contended that the scope of interference with an Arbitral

    Award is extremely limited, and does not permit the Court to

    act as an appellate forum, over the findings recorded by the

    Arbitral Tribunal. It is submitted that the Commercial Court

    misdirected itself in holding that the award is in contravention

    of the fundamental policy of Indian law and against public

    policy. It is urged that the Facilitation Council had correctly

    appreciated the facts, and it was not open to the Commercial

    Court to go into the questions of facts for setting aside the

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    award. In support of the submission, reliance has been placed

    on the judgment of the Supreme Court in OPG Power

    Generation Private Limited v. Enexio Power Cooling

    Solutions (India) Private Limited & Anr.1, particularly

    paragraph no. 37 thereof, which reads as follows:-

    “37. What is clear from above is that for an award to
    be against public policy of India a mere infraction of the
    municipal laws of India is not enough. There must be, inter
    alia, infraction of fundamental policy of Indian law including a
    law meant to serve public interest or public good.”

    14. It is also the contention of learned counsel for the

    appellant that, though the arbitration proceedings commenced

    prior to the amendment to Section 34 of the Act, the award

    was passed on 29.08.2016, i.e. after Section 34 came to be

    amended, w.e.f. 23.10.2015. Thus, the submission is that

    amended Section 34 would apply to the present matter, where

    under scope of interference with an arbitral award got further

    reduced. The Commercial Court grossly erred in interfering

    with the Arbitral Award. In support of the said contention,

    reliance has been placed on the judgment of the Supreme

    Court in Associate Builders v Delhi Development

    Authority 2 (para 56), which is as follows :

    “56. Here again, the Division Bench has interfered wrongly
    with the arbitral award on several counts. It had no business
    to enter into a pure question of fact to set aside the
    Arbitrator for having applied a formula of 20 months instead
    of 25 months. Though this would inure in favour of the

    1
    (2025) 2 SCC 417
    2
    (2015) 3 SCC 49

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    appellant, it is clear that the appellant did not file any cross
    objection on this score. Also, it is extremely curious that the
    Division Bench found that an adjustment would have to be
    made with claims awarded under claims 2, 3 and 4 which are
    entirely separate and independent claims and have nothing to
    do with claims 12 and 13. The formula then applied by the
    Division Bench was that it would itself do “rough and ready
    justice”. We are at a complete loss to understand how this
    can be done by any court under the jurisdiction exercised
    under Section 34 of the Arbitration Act. As has been held
    above, the expression “justice” when it comes to setting
    aside an award under the public policy ground can only mean
    that an award shocks the conscience of the court. It cannot
    possibly include what the court thinks is unjust on the facts
    of a case for which it then seeks to substitute its view for the
    Arbitrator’s view and does what it considers to be “justice”.

    With great respect to the Division Bench, the whole approach
    to setting aside arbitral awards is incorrect. The Division
    Bench has lost sight of the fact that it is not a first appellate
    court and cannot interfere with errors of fact.”

    15. Learned counsel for the appellant further submits

    that the respondent-company had accepted the goods supplied

    by the appellant. It is, thus, urged that, once goods were

    accepted, the respondent-company could not have imposed

    penalty or withheld the amounts, or detained the bank

    guarantee. The Facilitation Council was justified in treating

    the withheld amount as delayed payment, and in granting

    statutory interest thereon.

    16. It is also submitted by learned counsel for the

    appellant that the delay in supply of goods was not

    attributable to the appellant. The appellant could not be

    expected to effect supplies, unless and until the samples were

    approved and inspection formalities were completed. Since

    the sample came to be approved only on 23.12.2008, and

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    Joint Inspection took place on 04.06.2009, it is contended that

    the period prior thereto could not have been counted against

    the appellant for the purpose of imposing penalty.

    17. Per contra, learned counsel for the respondent-

    company supports the judgment and order of the Commercial

    Court, and submits that no interference is required in the

    present Appeal. It is contended that the contract between the

    parties was governed entirely by the Purchase Order dated

    10.06.2008, which prescribed the delivery period, procedural

    obligations of the supplier, and the consequences of delay. It

    is submitted that the appellant failed to comply with the

    essential contractual requirements within time. It is further

    submitted that the samples submitted by the appellant were

    not approved at the first instance; that the requisite Test

    Certificates and related technical requirements were not timely

    fulfilled, and that ultimately the supplies were made only after

    an inordinate delay, i.e. in July/ August, 2009, although the

    Purchase Order was issued in June, 2008, and where under

    the goods were to be supplied within four months.

    18. Learned counsel for respondent-company submitted

    that in the aforesaid circumstances, the respondent-company

    was fully justified in invoking the penalty clause under the

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    contract. The consistent case of the respondent-company is

    that mere acceptance of the goods, did not preclude it from

    imposing penalty and that the deduction was as per the

    stipulations in the contract, and was a result of delay and

    defaults attributable to the appellant alone. It is contended

    that the arbitral award suffers from a fundamental defect,

    inasmuch as, the Facilitation Council failed to decide the core

    issue, as to whether the deduction made by the respondent-

    company was justified under the terms of the Purchase Order.

    19. Learned counsel for the respondent-company, thus,

    submits that the award does not analyze the relevant clauses

    of the contract, nor return any finding on the legality of the

    action of the respondent-company, in invoking the penalty

    clause. It merely reproduces the proceedings and the

    pleadings, and then jumps to conclusion. In substance, the

    contention is that the Arbitral Award is a non-speaking award

    and was, thus, rightly set aside.

    20. The arbitration conducted by the Facilitation Council,

    under Section 18(3) of the MSMED Act, in terms of the said

    provision, is governed by the provisions of the Arbitration and

    Conciliation Act, 1996. The Supreme Court in Gujarat State

    Civil Supplies Corporation Ltd. v. Mahakali Foods Pvt.

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    Ltd. (Unit 2) & Anr. 3 has clarified that the proceedings

    before the Facilitation Council, after failure of conciliation,

    partake the character of statutory arbitration, and the

    resultant award is amenable to challenge under Section 34 of

    the Act. Therefore, the award in the present case was

    required to satisfy the parameters laid down in the Act

    including adherence to Section 31(3) and proper adjudication

    of the dispute arising from the contract.

    21. On examining the pleadings and the nature of

    controversy, it becomes clear that the real dispute between

    the parties was not merely, whether some amount stood not

    paid, but whether the respondent-company had lawfully

    deducted amounts by way of penalty and by invoking/

    adjusting the bank guarantee, under the terms of the

    Purchase Order. If the deduction was justified under the

    contract, then the amount retained by the respondent-

    company could not straightway be characterized as delayed

    payment for the purpose of statutory interest. On the other

    hand, if the deduction was unjustified, then the appellant’s

    claim would stand on a different footing. Either way, the

    Arbitral Tribunal could not bypass this issue, and was required

    3
    (2023) 6 SCC 401

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    to adjudicate and return a finding on the same, based on the

    terms and conditions of the contract.

    22. In other words, the Arbitral Tribunal was required to

    determine, whether the appellant had, in fact, delayed the

    supplies beyond the contractual period, whether such delay

    was attributable to the appellant, or the respondent-

    company’s own acts, including delay in approval of samples;

    what was the effect of sample approval and subsequent

    inspection on the delivery obligation; and whether in the facts

    of the case, the respondent-company was contractually

    entitled to impose the penalty.

    23. A perusal of the Arbitral Award shows that the

    Facilitation Council has largely set out the background facts;

    recorded the dates and meetings, and noticed the rival stand

    of the parties. It also refers to the sequence concerning the

    contract, approval of samples, inspection of subsequent

    supply. However, after setting out these matters, the award

    does not proceed to undertake a reasoned analysis of the

    contractual clauses, or the defence of the respondent-

    company. There is no discussion in the award, as to the exact

    contractual stipulations relating to delay and penalty. There is

    no reasoned finding, as to whether time was essence of the

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    contract, and whether the delay was attributable to the

    appellant, or the respondent-company. There is no clear

    adjudication of the respondent-company’s plea that the

    appellant was in breach of other pre-supply obligations, such

    as submission of Test Certificate and furnishing of security/

    bank guarantee. There is no express finding that the penalty

    imposed by the respondent-company was contrary to the

    contract. Instead, the award moves from a recitation of the

    history of the dispute to the conclusion that payment had been

    delayed, and, therefore, interest under MSMED Act was

    payable.

    24. It is true that, under Sections 15 & 16 of the MSMED

    Act, a supplier is entitled to claim interest, where payment for

    goods supplied is delayed beyond a prescribed period.

    However, the liability, under these provisions, would arise only

    when the liability is admitted, or the amount is held to be due

    after due adjudication. Where the purchaser disputes the

    liability on the grounds that deductions have been made

    strictly in accordance with the contractual terms governing the

    transaction, the Arbitral Tribunal is required first to determine,

    whether such deductions were justified under the terms and

    conditions of the contract.

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    25. The main submission of learned counsel for the

    appellant, as noted above, is that the Commercial Court

    exceeded the scope of Section 34 of the Act. In support of the

    said submission, the learned counsel for the appellant has

    placed reliance on the amended provisions of Section 34 of the

    Act.

    26. Before adverting to the merits of the contention of

    learned counsel for the appellant, regarding wrongful

    interference with the Arbitral Award, it is necessary to notice

    the effect of the amendments introduced in Section 34 of the

    Arbitration and Conciliation Act, 1996, by the Arbitration and

    Conciliation (Amendment) Act, 2015, which came into force on

    23.10.2025. By virtue of the said amendment, Section 34(2A)

    was inserted, providing that, in case of domestic arbitrations,

    and Arbitral Award may also be set aside if the Court finds that

    the award is vitiated by patent illegality appearing on the face

    of record. At the same time, the amended provision makes it

    clear that an award shall not be merely set aside on the

    ground of erroneous application of the law, or by re-

    appreciation of evidence. The legislative intent, underlying the

    amendment, was to limit excessive judicial interference with

    Arbitral Awards, and to permit interference only where the

    15
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    award suffers from a fundamental defect, such as patent

    illegality.

    27. The Supreme Court has explained the scope of the

    amended provision in Ssangyong Engineering &

    Construction Company Limited v. National Highways

    Authority of India (NHAI) 4, and the law laid down in

    Associate Builders (supra), prior to amendment, as follows:-

    “40. The change made in Section 28(3) by the
    Amendment Act really follows what is stated in paragraphs
    42.3 to 45 in Associate Builders (supra), namely, that the
    construction of the terms of a contract is primarily for an
    arbitrator to decide, unless the arbitrator construes the
    contract in a manner that no fair-minded or reasonable
    person would; in short, that the arbitrator’s view is not even
    a possible view to take. Also, if the arbitrator wanders
    outside the contract and deals with matters not allotted to
    him, he commits an error of jurisdiction. This ground of
    challenge will now fall within the new ground added under
    Section 34(2A).

    41. What is important to note is that a decision which
    is perverse, as understood in paragraphs 31 and 32 of
    Associate Builders (supra), while no longer being a ground for
    challenge under “public policy of India”, would certainly
    amount to a patent illegality appearing on the face of the
    award. Thus, a finding based on no evidence at all or an
    award which ignores vital evidence in arriving at its decision
    would be perverse and liable to be set aside on the ground of
    patent illegality. Additionally, a finding based on documents
    taken behind the back of the parties by the arbitrator would
    also qualify as a decision based on no evidence inasmuch as
    such decision is not based on evidence led by the parties, and
    therefore, would also have to be characterised as perverse.”

    28. Thus an award, which ignores the vital terms of the

    contract, or fails to decide the core issue between the parties,

    4
    (2019) 15 SCC 131

    16
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    would undoubtedly fall within the ambit of patent illegality and

    may be set aside under Section 34(2A) of the Act.

    29. In the present case, as noted earlier, the principal

    dispute between the parties was, whether the penalty imposed

    by the respondent-company, for delayed supply, was justified

    under Clause 8 of the Purchase Order. The Arbitral Tribunal,

    however, did not examine the contractual provision governing

    delay in delivery, nor did it return any clear finding on the

    legality of the deductions made by the respondent-company.

    Therefore, the award fails to determine the core issue, arising

    between the parties, and does not disclose the reasoning

    process, leading to the conclusion reached. Such omission, in

    the considered view of this Court, brings the award squarely

    within the category of patent illegality appearing on the face of

    record, as contemplated under Section 34 (2A) of the Act.

    30. Although, undoubtedly, the award was under the

    provisions of the MSMED Act, but as noted above, it partakes

    the character of statutory arbitration. Therefore, the award, in

    the present case, was required to satisfy the discipline of

    arbitral adjudication, including adherence to Section 31(3),

    mandating requiring of reasons, on which award is given. In

    the instant case, there was no agreement between the parties

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    that award could be rendered without requiring reasons, nor

    the award was on agreed terms under Section 30 of the Act,

    and, therefore, non-recordal of the reasons has resulted in a

    fundamental defect in the award.

    31. In M/s Som Datt Builders Ltd. v State Of

    Kerala5, the Supreme Court emphasized that the award must

    indicate the basis, on which conclusions have been reached.

    In Dyna Technologies Pvt Ltd v. Crompton Greaves Ltd. 6,

    and even in OPG Power Generation Private Limited

    (supra) cited by learned counsel for the appellant, the

    Supreme Court observed that, though reasons need not be

    elaborate like a judgment of a Court, they must at least be

    intelligible and reflect the thought process adopted by the

    Tribunal. Thus, while brevity or inadequacy of reasons is not,

    by itself, a ground to invalidate an award, failure to adjudicate

    the core dispute, or omission to disclose the basis of the

    conclusion, certainly renders the award vulnerable.

    32. Examining from the aforesaid aspects, the award of

    the Arbitral Tribunal fails to consider the contractual terms,

    the defence of the respondent-company, and without

    adjudication of the core dispute, as to whether the penalty
    5
    (2009) 10 SCC 259
    6
    (2019) 20 SCC 1

    18
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    was rightly imposed or not, and deductions were permissible

    under the contract, or not, virtually on assumptions that the

    amount was due, proceeds to award statutory interest, and

    this, in the considered opinion of the Court, amounts to a

    patent illegality. The Commercial Court has not replaced the

    award with its own view of facts, but has essentially held that

    the award is unsustainable due to non-consideration of

    essential issue, and absence of proper reasons. The order

    under Section 34 is, thus, consistent with the settled principles

    of arbitral review, and does not call for appellate correction.

    33. At the same time, the dispute between the parties

    has not yet been adjudicated on the merits of the contractual

    controversy. Since the arbitration in the present case arises

    from proceedings initiated under Micro, Small and Medium

    Enterprises Development Act, 2006 Section 18, which

    contemplates statutory arbitration upon failure of conciliation,

    the underlying dispute does not stand extinguished merely

    because the award has been set aside. Therefore, in our

    opinion, remand of the claim to the Facilitation Council would

    sub-serve the ends of justice. While doing so, we would not

    be modifying or reviewing the award. The present course

    would not be inconsistent with the principle laid down by the

    Supreme Court in Gayatri Balasamy v. IS Novasoft

    19
    2026:UHC:1780-DB

    Technologies Ltd.7, which holds that courts exercising

    jurisdiction under Section 34 cannot modify arbitral awards.

    34. Accordingly, the appeal is disposed of with the

    following directions:

    1. The judgment dated 10.07.2019 passed by the

    learned Additional District Judge (Commercial),

    Dehradun in Arbitration Case No. 160 of 2016,

    whereby the arbitral award dated 29.07.2016 was

    set aside, is affirmed.

    2. The dispute between the parties is remitted to

    the Uttarakhand Micro and Small Enterprises

    Facilitation Council for fresh adjudication in

    accordance with law.

    3. The Facilitation Council shall reconsider the

    matter after affording opportunity of hearing to both

    parties and shall pass a reasoned award, specifically

    examining:

    (i) the contractual provisions governing
    delayed delivery,

    (ii) the justification of the penalty imposed
    under Clause 8 of the purchase order, and

    (iii) the entitlement, if any, of the appellant to
    claim interest under the MSMED Act, 2006.

    7

    2025 SCC OnLine SC 986

    20
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    35. The Facilitation Council may proceed on the basis of

    the pleadings, documents and evidence already on record.

    However, if the Council considers it necessary in the interest of

    justice, it shall be open to it to permit the parties to place

    limited additional material or evidence relating to the issues

    identified in this order.

    36. The Facilitation Council shall endeavour to conclude

    the proceedings expeditiously, preferably within a period of

    three months from the date of receipt of a copy of this order.

    37. All contentions of the parties are left open to be

    urged before the arbitral tribunal.

    38. The appeal is accordingly disposed of. No order as

    to costs.

    39. All pending applications also stand disposed of

    accordingly.

    ______________________
    MANOJ KUMAR GUPTA, C.J.

    ___________________
    SUBHASH UPADHYAY, J.

    Dt: 17th March, 2026
    Rahul
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    postalCode=263001, st=UTTARAKHAND,
    serialNumber=303B55CC3063D34AC45BF8A
    192FCAD15C390A1AAD7B39857D2540AE4C
    28A4898, cn=RAHUL PRAJAPATI
    Date: 2026.03.20 10:53:13 +05’30’

    21



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