Court can interfere on the ground that the Award is patently illegal and opposed to public policy of India. In support of this proposition ... against the terms of the respective contract; or
(iv) patently illegal, or
(v) prejudicial to the rights of the parties, it is open to interference
conclusion that an award of any particular claim is
patently illegal or is in conflict with public policy, the court cannot put its seal ... against the terms of the contract, it would be patently
illegal.
45. Supreme Court in case of State of Orissa and Anr. vs. Mamata Mohanty
learned arbitrator that the contract was not terminated is also patently
illegal and contrary to the evidence on record. The learned counsel
invited my attention ... award is contrary to the terms of the
contract and is patently illegal, it is opposed and in conflict with
public policy of India
extent it has been impugned in question, is neither patently illegal or in
contravention of fundamental policy of India because it has held the Deed ... Determinable Agreement.
ii. Whether the impugned Award is patently illegal and in
conflict with the Public Policy of India.
Issue no. 1
52. The impugned
wider meaning is required to be given so that the "patently illegal award" passed by the Arbitrator Tribunal would be set aside ... held that the award could be set aside if it is patently illegal. Result would be - award could be set aside if it is contrary
this case the Indian contract Act Sections 53 and
73) and patently illegal (being against those
provisions of law). Though the principles would
certainly govern ... held that the award could be set aside if it is
patently illegal. Result would be--award could be
set aside if it is contrary
held that the award
could be set aside if it is patently illegal. The result would be--award
could be set aside ... justice or morality; or
(d) in addition, if it is patently illegal.
Illegality must go to the root of the matter and if the illegality
conclusion that an award of any particular claim is
patently illegal or is in conflict with public policy, the court cannot put its seal ... against the terms of the contract, it would be patently
illegal.
45. Supreme Court in case of State of Orissa and Anr. vs. Mamata Mohanty
show that
the replacement equipment were not suitable is patently illegal as
it is contrary to the material on record. Similarly, it is also stated ... letter on record
regarding replacement equipment was not suitable is also
patently illegal. It is further submitted that under the contract the
respondent was required
science and
mysticism. Therefore, this Court unhesitatingly
holds that this is patently illegal and an
implausible view. To be noted, this dichotomy ... held that the award could be set
aside if it is patently illegal. The result would be
– award could be set aside
