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SC affirmed the arbitral award, holding that the Development Agreement remained binding after the Supplementary Agreement failed to meet its conditions precedent. The court found L&T committed fundamental breaches by abandoning the project, failing to pay External Development Charges, and not fulfilling contractual obligations. The termination by PCL was justified. The court emphasized its limited powers under Sections 34 and 37 of the Arbitration Act, confirming it cannot modify arbitral awards but only set aside or remand under specific circumstances. The appeal was dismissed, upholding the original arbitral tribunal's findings of coercion and breach of contract by L&T.
SC affirmed the arbitral award, holding that the Development Agreement remained binding after the Supplementary Agreement failed to meet its conditions precedent. The court found L&T committed fundamental breaches by abandoning the project, failing to pay External Development Charges, and not fulfilling contractual obligations. The termination by PCL was justified. The court emphasized its limited powers under Sections 34 and 37 of the Arbitration Act, confirming it cannot modify arbitral awards but only set aside or remand under specific circumstances. The appeal was dismissed, upholding the original arbitral tribunal's findings of coercion and breach of contract by L&T.
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