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Supreme Court of India

Gayatri Balasamy v. M/s Isg Novasoft Technologies Limited

Neutral citation
Bench Sanjiv Khanna, B.R. Gavai, Sanjay Kumar, K.V. Viswanathan and Augustine George Masih JJ.
Decided 30 April 2025

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.

14 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the claimant is not entitled for return of the amounts involved in the bank guarantees dated 22-2-2000 and 23-2-2000 as they were towards the amounts advanced by the Board.

Judgment, page 104

From the headnote

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, whereas other benches 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 Bench to decide the questions referred.

Authorities it was built on

Where later benches applied it

Of those, 14 mentioned

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