AI Overview...
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Gayatri Balaswamy case - The Madras High Court and other courts have recognized that under Section 34 of the Arbitration and Conciliation Act, the Court possesses the authority to modify, vary, or remand arbitral awards for fresh determination. The case involved issues such as damages related to workplace sexual harassment and the scope of judicial review of arbitral awards Gayatri Balaswamy VS ISG Novasoft Technologies Ltd - Madras, Canara Bank VS Bharat Sanchar Nigam - Delhi, Project Director, National Highways Authority of India VS M. Hakeem - Supreme Court.
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Power under Section 34 - Courts, including the Madras High Court, have clarified that Section 34 does not permit a full appellate review but allows for limited intervention, such as setting aside, modifying, or remanding awards, especially when legal or procedural errors are identified Gayatri Balaswamy VS ISG Novasoft Technologies Ltd - Madras, Canara Bank VS Bharat Sanchar Nigam - Delhi, 3i Infotech Limited, Navi Mumbai VS P. Balasubramanian - Madras.
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Judicial approach and principles - The Court has emphasized that in exercising jurisdiction under Section 34, it does not act as an appellate authority but reviews the arbitral process for legal compliance. Decisions like McDermott International Inc. v. Burn Standard Co. were considered, with courts noting that observations outside the specific context may not be determinative but still influence judicial approach Padma Mahadev, Wife of Late R. Mahadev VS Sierra Constructions Private Limited - Karnataka, Angel Broking Ltd. VS Sharda Kapur - Delhi.
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Relevance of precedent - The judgments in Gayatri Balaswamy have been cited as authoritative references for understanding the scope of judicial review of arbitral awards, affirming that courts can modify or remand awards but cannot re-assess the merits of the case as an appellate tribunal D. Ramanathan VS Union of India Rep by Chief Engineer - Madras, Project Director, Madurai VS M. Vijayalakshmi - Madras.
Analysis and Conclusion:
The case of Gayatri Balaswamy underscores the limited but significant role of courts under Section 34 of the Arbitration Act, primarily focusing on procedural legality and correctness rather than re-evaluation of merits. The judgments serve as guiding precedents for courts exercising supervisory powers over arbitral awards, clarifying that intervention is permissible for legal errors but not for re-assessment of substantive issues.
Search Results for "Gayatri Balaswamy"
2014 0 Supreme(Mad) 2898 • India - Madras
V.RAMASUBRAMANIAN
2018 0 Supreme(Mad) 2438 • India - Madras
ABDUL QUDDHOSE
... 30.A learned Single Judge of this Court in the case of Gayatri Balaswamy vs.
2015 0 Supreme(Del) 479 • India - Delhi
S.MURALIDHAR
(supra) and recently by the Madras High Court in Gayatri Balaswamy (supra) that the Court, under Section 34 of the Act, has power to modify or vary an Award or even remand the matter for a fresh determination. ... LR 489 (Delhi) and Gayatri Balaswamy vs. ISG Novasoft Technologies Ltd. 2015 (1) Arb. LR 354 (Madras). ... 27. On the aspect of the principle of mitigation of loss, Mr. Dewan referred to the decision in M. Lachia Setty & Sons Ltd. vs.
2015 0 Supreme(Del) 423 • India - Delhi
PRADEEP NANDRAJOG, PRATIBHA RANI
(supra) and recently by the Madras High Court in Gayatri Balaswamy (supra) that the Court, under Section 34 of the Act, has power to modify or vary an Award or even remand the matter for a fresh determination. ... LR 489 (Delhi) and Gayatri Balaswamy vs. ISG Novasoft Technologies Ltd. 2015 (1) Arb. LR 354 (Madras). ... 27. On the aspect of the principle of mitigation of loss, Mr. Dewan referred to the decision in M. Lachia Setty & Sons Ltd. vs.
2021 0 Supreme(SC) 368 • India - Supreme Court
ROHINTON FALI NARIMAN, B.R.GAVAI
He attacked the learned Single Judge’s judgment in Gayatri Balaswamy vs. ... The learned Single Judge in Canara Bank relied upon a decision of a Single Judge of the Madras High Court in Gayatri Balaswamy vs. ISG Novasoft Technologies Ltd. (2015) 1 MLJ 5. ... The sheet anchor of the argument of the respondents is the judgment of the learned Single Judge in Gayatri Balaswamy (supra). This matter arose out of a claim for damages by an employee on account of sexual harassment at the workpl....
2022 0 Supreme(Del) 1868 • India - Delhi
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
The sheet anchor of the argument of the respondents is the judgment of the learned Single Judge in Gayatri Balaswamy [Gayatri Balaswamy v. ISG Novasoft Technologies Ltd., 2014 SCC OnLine Mad 6568 : (2015) 1 Mad LJ 5] .
2021 0 Supreme(Kar) 44 • India - Karnataka
ABHAY S.OKA, SACHIN SHANKAR MAGADUM
In the decision of the learned Single Judge of the Madras High Court in the case of Gayatri Balaswamy (supra), in paragraphs 34 and 35 it is held thus: “34. In Mc Dermott International Inc. v. Burn Standard Co. ... The learned counsel appearing for the respondent relied upon a decision of the learned Single Judge of the High Court of Madras in the case of Gayatri Balaswamy –vs- ISG Novasoft Technologies Ltd, Original petition No.463/2012 decided on 02.09.2014 and submitted that in the said decision, after considering
2019 0 Supreme(Mad) 1181 • India - Madras
N.SATHISH KUMAR
Gayatri Balaswamy v. ISG Novasoft Technologies Ltd., [2014 (6) CTC 602] ... 53. ... ... ...... ... It is well settled that in a petition under Section 34, a Court does not exercise the powers of an Appellate Court.
2017 0 Supreme(Del) 1362 • India - Delhi
VALMIKI J.MEHTA
... Although the Madras High Court in Gayatri Balaswamy (supra) appropriately noted that these observations in McDermott International Inc. were not in the context of the specific issue being dealt herewith, this Court is of the opinion that it is determinative of the Court's approach
2020 0 Supreme(Mad) 2115 • India - Madras
T.S.SIVAGNANAM, R.THARANI
For the same contention, the learned counsel relied on the decision of this Court in the case of Gayatri Balaswamy vs. ISG Novasoft Technologies Ltd., and Anr. (2015) L MLJ 5. ... Larsen and Toubro Ltd., and Another, for the proposition that the Court while exercising power under Section 34, does not act as an Appellate Court; (vii) Gayatri Balaswamy vs. ... The above referred decisions as well as the other decisions relied on by the learned counsels on either side were taken note of in Gayatri #HL_STAR....
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