Bharat Broadband Network Ltd. vs Paramount Communications Ltd. on 22 August, 2024
28. The only remaining ground of challenge is with regard to reference
to certain judgments in the impugned award, which, according to Mr.
Kumar, were neither cited in the course of arguments nor brought to the
notice of learned counsel. The judgment of the Orissa High Court in
Jindal India Thermal Power Ltd. v. Quartz Infra and Engineerings Pvt.
Ltd.10, clearly holds that judgments may be cited without reference to
counsel. In any event, in the present case, the underlying legal argument
was admittedly raised and contested during the course of hearing. The
judgments cited in the impugned award, elaborate and elucidate upon the
argument being analyzed in the award, but do not per se go to the root of
the award. An award is liable to be interfered with, only if it contains
errors which go to the root of the matter.11 Two caveats may, however, be
placed. The first is that factual material must be disclosed to all parties,
and the second is that it would remain open to the parties to assail the
10
2023 SCC OnLine Ori 6957.