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Supreme Court of India 2021-11-22 allowed

Gyan Prakash Arya vs M/s Titan Industries Limited

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

A dispute arose between a jewellery company and a job worker over the return of 3,648.80 grams of pure gold. The arbitrator's initial award, calculated at Rs.740 per gram (as claimed in the original statement), directed return of the gold or payment of its value. The claimant then sought correction under Section 33 of the Arbitration Act, asking for the rate to be changed to Rs.20,747 per 10 grams—substantially different sums. The Supreme Court held that Section 33 permits only correction of arithmetical or clerical errors, not substantive modifications introducing new claims. The original award was based on the claimant's stated claim and merits; changing rates post-decision exceeds the arbitrator's jurisdiction. The Court restored the original award and quashed the modification.

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Arbitration Award Modification Section 33 Arbitration and Conciliation Act 1996 Arbitral Jurisdiction Clerical Error Arithmetical Error

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