17 December 2021, Friday

2 years ago

Court can apply patent illegality ground on its own. Award vitiated in this case because patent illegality went to the root of the matter: Supreme Court of India

08 November 2021 | State of Chhattisgarh v. Sal Udyog Private Limited| Civil Appeal No. 4353 of 2010 | N.V. Ramana CJ & Surya Kant and Hima Kohli JJ | Supreme Court of India | 2021 SCC OnLine SC 1027

The Supreme Court has applied the patent illegality ground to set aside a portion of the award on the reason that the illegality in question went to the “root” of the matter. Because the precise ground has been taken in the appeal, and is available to the court on its own, the court also rejected an objection that the precise ground was not taken in the set-aside application, hence waived.

We have covered this case in an Update here.

Read the judgment here.

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