AIROnline 2025 SC 746

Supreme Court Of India

(From : AIR 2023 ORI 106)

Hon'ble Judge(s): M. M. Sundresh, Rajesh Bindal , JJ

(A) Arbitration and Conciliation Act (26 of 1996) , S.34— Arbitral award - Challenge against - Dispute arose out of agreement executed for fixation of tariff for fertilizer berth, which was later unilaterally revised by appellant - Agreement required mutual consent for revision of rates - Cl. 19 of agreement also made it clear that respondent had to follow all relevant laws, rules, and regulations of appellant-Port Trust - No agreement could override the law - Cl.1 of agreement simply created facilities and set tariff, which could be revised from time to time - If parties could not agree on revision, some authority would have to decide - Finding recorded by arbitrator that only Cl. 1 applied and not Cl. 19, was against the principle that a contract must be read as a whole rather than treating its clauses separately . AIR 2023 ORI 106-Reversed (Para 20.1 20.2 20.3 21 26 26.1 34 61.1) (B) Major Port Trusts Act (38 of 1963) , S.48— Unilateral revision of tariffs - Dispute regarding - Appropriate authority to decide - Dispute arose out of agreement executed for fixation of tariff for fertilize....