Supreme Court of India
Vijay Karia & Ors. v. Prysmian Cavi E Sistemi Srl & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
4 Supreme Court benches have cited this judgment.
What the Court ordered
For the above reasons, I consider that there is sufficient injustice arising out of the Award, in its current form, which cannot be overlooked by the Court’s conscience, and that enforcement of the Award would offend our notions of justice.” This finding was given under Article 34(2)(b) of the UNCITRAL Model Law on International Commercial Arbitration, 1985 which states as follows: 425 “Article.
Judgment, page 89
From the headnote
Arbitration and Conciliation Act, 1996: s.48(1)(b) – Enforcement of foreign awards – Violation of provisions of FEMA – Whether amounts to breach of Public Policy of India – If a particular act violates any provision of FEMA or the Rules framed thereunder, permission of the Reserve Bank of India may be obtained post-facto if such violation can be condoned – Neither the award, nor the agreement being enforced by the award, can, therefore, be held to be of no effect in law – This being the case, a rectifiable breach under FEMA can never be held to be a violation of the fundamental policy of…
Authorities it was built on
- 1955 Willie (william) Slaney v. The State of Madhya Pradesh.
- 2014 Associate Builders v. Delhi Development Authority
- 2019 Ssangyong Construction Co. Ltd. v. National Highways Authority of India (nhai)
- 1993 Renusagar Power Co. Ltd. Etc. v. General Electric Co. Etc.
- 1963 Societe De Traction Et D'electricite Societe Anonyme v. Kamani Engineering Company Ltd.
- 1977 Official Liquidator v. Dharti Dhan (p) Ltd.
- 1996 State of Orissa Etc. v. Klockner and Company and Ors. Etc.
- 2011 Phulchand Exports Ltd v. O.O.O. Patriot
- 2003 Sohan Lal Gupta (dead) Thr. Lrs. and Ors. v. Smt Asha Devi Gupta and Ors.
- 2019 Lmj International Ltd. v. Sleepwell Industries Co. Ltd.
- 2012 Dropti Devi & Anr. v. Union of India & Ors.
Where later benches applied it
- 2024 Avitel Post Studioz Limited & Ors. v. Hsbc Pi Holdings (mauritius) Limited (previously Named Hpeif Holdings 1 Limited)
- 2021 Gemini Bay Transcription Pvt. Ltd. v. Integrated Sales Service Ltd. & Anr.
- 2021 Asha John Divianathan v. Vikram Malhotra & Ors.
- 2020 Government of India v. 1.vedanta Limited (formerly Cairn India Ltd.) 2. Ravva Oil (singapore) Pte. Ltd. 3. Videocon Industries Limited
Of those, 1 referred to · 3 mentioned
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