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1 - 7 of 7 (0.53 seconds)M/S.Puruvankara Projects Limited vs Mrs.Ranjani Venkatraman Ganesh on 26 July, 2018
7. A Division Bench of this Court in Puravankara Projects Limited v.
Mrs.Ranjani Venkatraman Ganesh and Another [2018 (6) MLJ 588] also
followed the above judgment of the Apex court and held that only in the
circumstances envisaged under the decision of the Apex Court the Award can be
interfered.
Swan Gold Mining Ltd vs Hindustan Copper Ltd on 22 September, 2014
In Swan Gold Mining Ltd., v. Hindustan Copper Ltd reported in
2015(5) SCC 739 the Honourable Apex Court has held as follows:
Mcdermott International Inc vs Burn Standard Co. Ltd. & Ors on 12 May, 2006
21. Mr. Sharan, learned senior counsel appearing for
the appellant, also challenged the arbitral award on the
ground that the same is in conflict with the public policy of
India. We do not find any substance in the said submission.
This Court, in the case of Oil and Natural Gas Corporation
Ltd. (supra), observed that the term ‘public policy of India’ is
required to be interpreted in the context of jurisdiction of the
Court where the validity of award is challenged before it
becomes final and executable. The Court held that an
award can be set aside if it is contrary to fundamental policy
of Indian law or the interest of India, or if there is patent
illegality. In our view, the said decision will not in any way
come into rescue of the appellant. As noticed above, the
parties have entered into concluded contract, agreeing
terms and conditions of the said contract, which was finally
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acted upon. In such a case, the parties to the said contract
cannot back out and challenge the award on the ground
that the same is against the public policy. Even assuming
the ground available to the appellant, the award cannot be
set aside as because it is not contrary to fundamental policy
of Indian law or against the interest of India or on the
ground of patent illegality.
Section 34 in The Arbitration Act, 1940 [Entire Act]
Section 23 in The Indian Contract Act, 1872 [Entire Act]
Section 30 in The Arbitration Act, 1940 [Entire Act]
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