# In the matter of Neyveli Lignite Corporation Ltd. vs. Stewardss & Lloyds India Ltd. & Ors.

> HC judgment dated 2025-01-03. Citation: TCN-2025-HC-00059. The Civil Miscellaneous Appeal was filed under Section 37(1)(b) of the Arbitration & Conciliation…

- **Court:** HC
- **Order date:** 3 Jan 2025
- **Citation:** TCN-2025-HC-00059
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/neyveli-lignite-corporation-ltd-vs-stewardss-lloyds-india-ltd-ors-77ee01ea

## Summary

### Background

The Civil Miscellaneous Appeal was filed under Section 37(1)(b) of the Arbitration & Conciliation Act against the order passed in Arbitration O.P. No.86/2004 by the learned Principal District Judge, Cuddalore, dated 15.6.2009. The appellant, Neyveli Lignite Corporation Ltd., had floated a tender for the supply of Special Urea Grade 100 meters cold Drawn SS316L material and 10m Cold Drawn SS316L material of stainless steel seamless pipes. The respondent, Stewardss & Lloyds India Ltd., submitted its offer stipulating that the materials would be imported from Italy with a delivery period of 14 to 16 weeks from the date of receipt of Letter of Intent or purchase order. The respondent accepted to supply the material at the rate of Rs.21.96 Lakhs. A Letter of Intent

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## Facts

Neyveli Lignite Corporation Ltd. (appellant) floated a tender for the supply of Special Urea Grade 100 meters cold Drawn SS316L material and 10m Cold Drawn SS316L material of stainless steel seamless pipes. Stewardss & Lloyds India Ltd. (respondent) submitted an offer stipulating that the materials would be imported from Italy with a delivery period of 14 to 16 weeks from the date of receipt of Letter of Intent or purchase order. The appellant accepted the respondent's offer to supply the material at Rs.21.96 Lakhs. A Letter of Intent was issued, and a purchase order was issued agreeing that the supply would be effected within 12 to 16 weeks from the date of Letter of Intent, with the supply to be completed before 31.7.1998. The respondent failed to supply the

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## Issues and analysis

### Issue 1: Whether the arbitral award was perverse and whether the confirmation of the award by the court …

**Ratio:** The court relied on the principle that an arbitral award can only be challenged under the

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**Reasoning:** The court reasoned that the appellant had not demonstrated any violation in the conduct

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**Interpretation:** The interpretation of Section 34(2) and the principles laid down in Associated

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**Application:** The court applied the ratio to the facts of the case, finding that the

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## Parties

- **Judges:** M.DHAND…
- **Appellants:** M/s. Neyveli…
- **Respondents:** M/s.Stewardss &…
- **Advocates:** K.Harish…

## Timeline

- **2004-06-15 — Order Pa…**: Order passed in Arbitration O.P. No.86/2004 by the learned Principal District Judge,…
- **1998-02-28 — Letter of…**: Letter of Intent issued by the petitioner…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 54 — Dissolution of corporate debtor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-54)

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