Union Of India & Anr. vs Alcon Builders And Engineer Pvt. Ltd. on 17 January, 2023
(emphasis supplied)
20.5. To be sure, it is also necessary for this court to point-out that
the apparently contrary view taken by a Division Bench of
this court in MBL Infrastructures Ltd. vs.
11
Telecommunication Consultants of India , is
distinguishable on facts, inasmuch as while holding that an
arbitral award can only be set-aside as a whole, the court was
dealing with a case where the learned single Judge had
proceeded to correct errors and thereby modify the arbitral
award, which the Division Bench held was beyond the scope
of the powers of the court under section 34 of the A&C Act.
In that case, the Division Bench found fault with the learned
single Judge having modified and corrected the amounts
awarded under individual heads of claims and counter-
claims, which, there is no dispute, the court cannot do in
exercise of powers under section 34. However, the Division
Bench was not seized of and did not express any opinion on
the question of what the correct course of action would be if
one or more claims in their entirety are set-aside - but not
11
2022 SCC OnLine Del 4613
Signature Not Verified
Digitally Signed
OMP 146/2008 Page 18 of 24
By:NEERAJ
Signing Date:17.01.2023
11:30:14
2023/DHC/000304
modified - by the court in exercise of its jurisdiction under
section 34 of the A&C Act.