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2023 Supreme(Del) 757

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Devas Employees Mauritius Pvt. Ltd. – Appellant
Versus
Antrix Corporation Limited – Respondent


Advocates appeared:
Mr. Suhail Dutt, Senior Advocate with Ms. Anuradha Dutt, Mr. Lynn Pereira, Ms. Ekta Kapil, Ms. Priyanka M. P., Mr. Chaitanya Kaushik, Mr. Amber Bhushan, Ms. Shivangi Sud, Mr. Azhar Alam, Mr. Sankalp Goswami and Ms. Srishti Prakash, Advocates, for the Appellant.
Mr. N. Venkataraman, ASG and Mr. Chetan Sharma, ASG with Mr. V. Chandrashekara Bharathi, Mr. Ajay Bhargava, Mr. Arvind Kumar Ray, Mr. Karan Gupta, Mr. S. Ram Narayan, Ms. Vanito Bhargava, Mr. Rahul Vijay Kumar, Mr. Aman, Advocates with Mr. Chinmoy Roy, Legal Officer, for the Petitioner.
Ms. Varuna Bhamral, Mr. Aubert Sebastian and Ms. Angelika Awasthi, Advocates, for the Respondent-2.

JUDGMENT

Subramonium Prasad, J. The instant appeal, under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Arbitration Act" 'or "the A&C Act"), has been filed against the Judgment dated 29.08.2022 ("Impugned Judgment") passed by the Learned Single Judge in O.M.P. (Comm.) No. 11/2021, filed by Respondent No. 1 ("Antrix"') under Section 34 of the Arbitration Act (hereinafter referred to as "Section 34 Petition") to challenge the ICC Arbitral Award dated 14.09.2015 ('hereinafter referred to as "'the ICC Award") passed in favour of the Respondent No. 2 ("Devas"). The Ld. Single Judge, vide the Impugned Judgment has set aside the ICC Award under Section 34 of the Arbitration Act on the grounds that it suffers from fraud, patent illegality and is in conflict with the public policy of India.

BRIEF BACKGROUND

2. The Appellant herein ("Devas Employees Mauritius Pvt. Ltd." or "DEMPL") is a company incorporated under the laws of Mauritius and is a shareholder, owning 3.48% of the issued and paid-up equity share capital of Respondent No. 2/Devas Multimedia Private Limited ("Devas"). Respondent No. 2 is a company incorporated under the Companies Act, 1956

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