Suvidha Infracon Pvt Ltd vs Intec Capital Limited on 11 September, 2018
"2. We are satisfied that the High Court [Sachin
Gupta v. K.S. Forge Metal (P) Ltd., FAO (OS) No. 539
of 2012, order dated 7-11-2012 (Del)] could have set
aside the award only on the ground that the award has
been rendered against the respondent without issuance
OMP(COMM.) 12/2018 Page 4
of any notice and without hearing the respondent. On
this ground alone, the award was liable to be set aside
under Section 34(2)(a)(iii) of the Arbitration and
Conciliation Act, 1996..... However, we agree with the
conclusion of the High Court that the award had to be
set aside as no notice had been served on the
respondent....."