JUDGMENT :

PER : HONORABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL

1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (in short as “the Act’ 1996”) is directed against the award of the Arbitral Appellate Tribunal dated 09.09.2021 and the judgment and order dated 12.10.2023 passed by the Commercial Court at City Civil Court, Ahmedabad under Section 34 of the Act’ 1996. The appellants and respondent herein are referred as they are arrayed as parties in this appeal while referring to the facts of the case and the order passed by the Appellate Arbitral Tribunal.

2. The contention is that the learned Court has erred in appreciating the fact that the appellate award dated 09.09.2021 suffers from patent illegality and that the supplementary award dated 12.10.2023 had been passed to correct the errors apparent on the record. Learned Court has, thus, erred in setting aside the supplementary award dated 26.10.2021, which is liable to be upheld while allowing the instant appeal.

3. In support of his submissions, the learned Senior Counsel for the appellants has relied on the following decisions of the Apex Court: -

(1) Gyan Prakash Arya vs. Titan Industries Limited