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Showing posts with the label Section 73

Breach of contract - Section 73 & 74 - Arbitration - Section 34 - Jurisdiction

Supreme Court of India Oil & Natural Gas Corporation Ltd vs Saw Pipes Ltd on 17 April, 2003 Author: Shah Bench: M.B. Shah, Arun Kumar. CASE NO.: Appeal (civil) 7419 2001 of 518 PETITIONER: Oil & Natural Gas Corporation Ltd. RESPONDENT: SAW Pipes Ltd. DATE OF JUDGMENT: 17/04/2003 BENCH: M.B. SHAH & ARUN KUMAR. JUDGMENT: J U D G M E N T Shah, J. COURT'S JURISDICTION UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1966 Before dealing with the issues involved in this appeal, we would first decide the main point in controversy, namely - the ambit and scope of Court's jurisdiction in case where award passed by the Arbitral Tribunal is challenged under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") as the decision in this appeal would depend upon the said finding. In other words - whether the Court would have jurisdiction under Section 34 of the Act to set aside an award passed by the Arbi...