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2018 Supreme(SC) 434

R.K.AGRAWAL, A.M.SAPRE
Union of India – Appellant
Versus
Hardy Exploration and Production (India) INC – Respondent


JUDGMENT

Abhay Manohar Sapre, J.

1) Leave granted.

2) This appeal arises from the final judgment and order dated 27.07.2016 passed by the High Court of Delhi at New Delhi in FAO No.59 of 2016 whereby the Division Bench of the High Court dismissed the appeal filed by the Union of India (appellant herein) challenging the order dated 09.07.2015 passed by the Single Judge in OMP No.693 of 2013 and order dated 20.01.2016 in Review Petition No.400 of 2015 in OMP No.693 of 2013.

3) In order to appreciate the controversy involved in the appeal, few relevant facts, which lie in a narrow compass, need to be stated hereinbelow.

4) This appeal arises out of the proceedings (OMP 693/2013) filed by the appellant (Union of India) against the respondent-Company under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) wherein the appellant had challenged the legality, validity and correctness of the award made by the arbitrators in respondent's favour in one international commercial arbitration proceeding between the appellant (Union of India) and the respondent (foreign company).

5) The respondent contested the appellant's application by raising several ob



















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