Arbitral Award Modification

Public utility projects involving green energy initiatives carry an inherent public interest burden that eliminates the strict necessity of proving actual monetary loss for enforcing liquidated damages clauses
Judicial intervention under section 34 of the arbitration act inherently includes a limited power to modify an arbitral award without undertaking a merit based re-evaluation of facts
An appellate court exercising powers under section 37 cannot substitute its own view on reasonable compensation for a plausible view taken by the section 34 court
Admitted delay in commissioning contracted capacity under a power purchase agreement automatically attracts contractually stipulated liquidated damages