same would
be contrary to the decision of the Supreme Court in Mcdermott
W.P.(C) 3013/2013 Page 16 of 32
International ... issue and following the principle laid down by the Supreme
Court in Mcdermott International Inc. (supra) held that "the power to
modify, vary
judgment of the Supreme Court
in the case of Mcdermott International Inc. v. Burn Standard Co.
Ltd. (2006) 11 SCC 181, wherein it was held ... principle on this issue was laid down by the Supreme
Court in McDermott International Inc. (supra), where the Court held:
"The 1996 Act makes
contrary to the law laid down by the Supreme Court in McDermott
International Inc. v. Burn Standard Co. Ltd. 2
6. Learned senior counsel appearing ... other hand in the subsequent decision of the Supreme
Court in McDermott International (supra), the Supreme Court has relied upon
the following observations contained
decisions including the decisions of the Hon'ble Supreme Court in
Mcdermott International Inc. Vs. Burn Standard Co. Ltd. reported ... Advocate General has laid much emphasis in Paragraph 55 to 57 of Mcdermott
International Inc. (supra) in support of the aforesaid submission which reads
Hudson’s formula and relied upon judgments of this
Court in McDermott International Inc. v. Burn Standard
Company Limited and Others . 6, and Associate Builders ... Delhi
6
(2006) 11 SCC 181 (for short, McDermott International Inc.).
C.A. No. 1968 of 2012 Page 12 of 50
Development Authority7, in addition
merely on the basis of the claim statement and nothing more.
31. McDermott International Inc. v. Burn Standard ... construction of the contract is within the jurisdiction of
the Arbitrator. In McDermott International, the Supreme Court, relying on
D.D. Sharma v. Union
Hudsons formula which had been approved by the Supreme Court in McDermott International Inc. v. Burn Standard ... Award which was contrary to the settled legal position.
15. In McDermott International Inc. v. Burn Standard Co. Ltd. (supra), the Court specifically dealt with
Builders Vs.
Delhi Development Authority reported in ( 2015) 3 SCC 49 and
McDermott International Inc. Vs. Burn Standard Co. Ltd. and
others reported ... precise, relevant
paragraphs in Associate Builders and McDermott cases are
http://www.judis.nic.in
9
paragraphs 48 and 104 respectively. Paragraph 48 of Associate
Bhagawat Sonker vs Union Of India on 7 April, 2022
1
ARBA No. 43 of
plea, Mr. Singh relies upon the judgments of the
Supreme Court in McDermott International Inc. vs. Burn Standard
