inter alia
was placed on the decision of the Supreme Court in McDermott
International v. Burn Standard Corporation ... arbitration
agreement.
(5) Following the decision of the Supreme Court in McDermott
International (supra), a Division Bench (DB) of this Court had in Puri
Construction
Hindustan Petroleum Corp. Ltd. (2006) 9 SCC 383 and McDermott
International Inc. v. Burn Standard Co. Ltd. (2006) 11 SCC 181.
37. The Costs Award
claimed. Reliance was placed by the Respondent on the decision in
McDermott International v. Burn Standard ... Cementation India Limited (supra)
where after noticing the decisions in McDermott International v. Burn
Standard Co. Ltd. ( supra), Rashtriya Ispat Nigam Ltd. v. Dewan Chand
would not, therefore, apply. Reference is made to the decision in
McDermott International v. Burn Standard Co. ( 2006) 11 SCC 181 and
Hind Construction Contractors ... that
Hudson Formula which was held by the Supreme Court decision in
McDermott International v. Burn Standard Co (supra) to be a reasonable
basis
consequential reliefs
that can be granted by a Court as noticed in McDermott International
Inc. v. Burn Standard Co. Ltd. (supra). Only yesterday in Puri ... principle on this issue was laid down by the Supreme Court in
McDermott International Inc. (supra), where the Court held:
"The 1996 Act makes
Section 34 of the Act. Reliance is
placed on the decisions in McDermott International Inc. v. Burn Standard
after discussing the case law including the decisions in
McDermott International Inc. v. Burn Standard Co. Ltd. (2006) 11 SCC
181 and ONGC
however is contrary
to the law explained by the Supreme Court in McDermott International
v. Burn Standard Co. Limited