Judgment briefs
Supreme Court of India

Gayatri Balasamy v. M/s ISG Novasoft Technologies Limited

In ‡M. Hakeem and Anr.’s case, this Court held that while exercising powers u/s.34 of the Arbitration and Conciliation Act, 1996, a…

Disposed of
Court
Supreme Court of India
Decided
30 Apr 2025
Citation
[2025] 4 S.C.R. 2080
Case no.
CIVIL APPEAL No. 6178/2025
Bench
Sanjiv Khanna, Bhushan Ramkrishna Gavai, Sanjay Kumar, Augustine George Masih, K.v. Viswanathan

Issue for consideration

In ‡M. Hakeem and Anr.’s case, this Court held that while exercising powers u/s.34 of the Arbitration and Conciliation Act, 1996, a Court hearing the petition had no power to “modify” the Award, of two judges and three judges of this Court have either modified or accepted modification of the arbitral awards. In view of the divergent and contrasting judicial opinions as regards the power of the court u/s.34 to modify an arbitral award, the matter has been placed before the Constitution

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