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1 - 10 of 26 (3.06 seconds)Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 9 in The Arbitration And Conciliation Act, 1996 [Entire Act]
National Highways Authority Of India vs Trichy Thanjavur Expressway Ltd. on 21 August, 2023
(i) National Highways Authority of India v. Trichy Thanjavur
Express Way Ltd., (2023) SCC Online Delhi 5183;
Delhi Airport Metro Express Pvt. Ltd. vs Delhi Metro Rail Corporation Ltd. on 9 September, 2021
28. As to what amounts to patent illegality, is no longer res integra the
Hon'ble Supreme Court in its recent judgment pronounced in a case titled and
reported as Delhi Airport Metro Express Pvt. Ltd. v. Delhi Metro Rail
Corporation Ltd, (2022) 1 SCC 131, observed as to what amounts to patent
illegality. In para 29 of its judgment, the following dicta has been laid down by
the Hon'ble Supreme Court :-
Gayatri Balasamy vs M/S Isg Novasoft Technologies Limited on 19 October, 2023
Even otherwise, in a recent judgment of the
Hon'ble Supreme Court pronounced in the case titled and reported as Gayatri
Baleswamy v. ISG Novasoft Technologies Ltd., (2025) INSC 605, it has been
held that a Court under Section 34 of the Arbitration and Conciliation Act does
have an authority to modify an award, particularly when such a denial would
OMP (Comm) No. 82/23 M/S S.M. Enterprises & Anr. Vs. Modi Mundi Pharma Beauty Products Pvt. Ltd. Page 42 of 43
ANU Digitally signed
by ANU GROVER
GROVER BALIGA
Date: 2025.08.08
BALIGA 12:15:45 +0530
impose significant hardships, escalate costs, and lead to unnecessary delays and
would defeat the raison d'etre of arbitration. It has also been categorically held by
the Hon'ble Supreme Court that judicial intervention is legitimate and necessary
when it furthers the ends of justice, including the resolution of disputes.
Gateway Impex Pvt. Ltd. vs Tata Aig Life Insurance Co. Ltd. on 23 September, 2019
40. Ld. Counsels for Respondent have however vehemently contended
that this Court must not interfere with the award of the damages granted by the
Ld. Arbitrator in favour of the Respondent. They have submitted that the Ld.
Arbitrator has awarded damages in favour of the Respondent after interalia,
taking into account the future profit that would been earned by the Respondent
had the shop not been in unauthorised possession of the Petitioner and in doing
so he has not committed any illegality whatsoever. They have, in this respect,
again relied upon the judgment of the Hon'ble Delhi High Court in M/s Crest
Education (P) Ltd.case(Supra) They have pointed out that in the said judgment
the Hon'ble Delhi High Court has reiterated the settled position of law namely
that there cannot be a direct and concrete evidence of loss of profit suffered by
the parties.
Nand Ram(D) Th. Lrs. . vs Jagdish Prasad(D)Th.Lrs on 19 March, 2020
(ii) Nand Ram v. Jagdish Prasad, (2020) 9 SCC 393;
Raptakos Brett And Co. Ltd vs Ganesh Property on 8 September, 1998
(iii) Raptakos Brett & Co. Ltd. v. Ganesh Property (1998)
7 SCC 184;
Mec India Pvt. Ltd. vs Lt. Col. Inder Maira And Ors. on 28 May, 1999
(iv) MEC India Pvt. Ltd. vs. Lt. Col. Inder Maria, 1999
SCC Online Del 422;