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1 - 7 of 7 (0.45 seconds)Section 18 in THE COMMERCIAL COURTS ACT, 2015 [Entire Act]
Glitter Overseas & Ors. vs Mmtc Limited on 15 July, 2022
32. The aforesaid issue was also considered in Glitter Overseas &
Ors. v. MMTC Limited: 2022 SCC OnLine Del 2058. In the said
decision (authored by the undersigned) this Court had observed as
under:-
M/S National Highways Authority Of ... vs M/S Progressive-Mvr (Jv) on 17 June, 2016
33. Mr. Krishnan also referred to the decision of the Supreme Court
in National Highway Authority of India v. Progressive-MVR (JV):
Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Mmtc Ltd. vs New Sialkoti Jewellers & Ors. on 4 August, 2016
55. In cases, where the question of law stands
determined by an authoritative decision of a
superior court, ignoring such a binding
precedent may be a good ground to challenge
an arbitral award. However, it is erroneous to
assume that the decisions of this Court in
MMTC Ltd. v. New Sialkoti Jewellers
(supra) and MMTC Ltd. v. Chauhan
Jewellers &Ors.: 2017 SCC OnLine Del
7373 (supra) authoritatively decided the issue
between the parties on merits. This Court had
merely dismissed the challenge to the arbitral
awards as the same did not fall within the
limited scope of interference available under
Section 34 of the A&C Act. It is necessary to
bear in mind that an application to set aside an
arbitral award under Section 34 of the A&C
Act is not in the nature of a first appeal against
a decree, where the court examines a decree to
determine whether questions of law and fact
are correctly determined by the Trial Court.
Mmtc Ltd. vs Chauhan Jewellers & Ors. on 7 March, 2017
55. In cases, where the question of law stands
determined by an authoritative decision of a
superior court, ignoring such a binding
precedent may be a good ground to challenge
an arbitral award. However, it is erroneous to
assume that the decisions of this Court in
MMTC Ltd. v. New Sialkoti Jewellers
(supra) and MMTC Ltd. v. Chauhan
Jewellers &Ors.: 2017 SCC OnLine Del
7373 (supra) authoritatively decided the issue
between the parties on merits. This Court had
merely dismissed the challenge to the arbitral
awards as the same did not fall within the
limited scope of interference available under
Section 34 of the A&C Act. It is necessary to
bear in mind that an application to set aside an
arbitral award under Section 34 of the A&C
Act is not in the nature of a first appeal against
a decree, where the court examines a decree to
determine whether questions of law and fact
are correctly determined by the Trial Court.
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