SANJIB BANERJEE, P. D. AUDIKESAVALU
ENEXIO Power Cooling Solutions India Pvt. Ltd. , No. 443, Rep. by President & CEO T. Parasuram – Appellant
Versus
Gita Power and Infrastructure Pvt. Ltd. , Rep. by its Authorised Signatory, Kaushik Ganguly – Respondent
JUDGMENT :
Sanjib Banerjee, J.
(Prayer: Appeals filed against the common Judgment and Decree dated 23.12.2020 passed in O.P.No.562 of 2020 and O.P.No.533 of 2020 on the file of original side of this court.)
1. The flourishing export of litigation by this country may continue unabated till the penchant for wanton tinkering with arbitral awards is reined in. Despite instructive pronouncements in recent years beginning the Associate Builders case [(2015) 3 SCC 49], the narrow ambit of authority available in this jurisdiction, sometimes, appears to be beyond the comprehension of courts in receipt of challenges to arbitral awards.
2. In the present case, an award rendered by the arbitral tribunal constituted by the International Chamber of Commerce (ICC) has been rendered to naught on the perception of the arbitration court that the period of limitation applicable to the claim and the counter-claim may not have been appropriately reckoned and that the arbitral tribunal failed to take into account evidence that was before it and ignored the same. In effect, the arbitral award of July 13, 2020 has been set aside on the ground that it was opposed to public policy as being contrary to the law o
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