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Supreme Court of India 2018-03-22 disposed

Lion Engineering Consultants vs State of M.P. and Ors

Bench: 3 — UNKNOWN, UNKNOWN, UNKNOWN

In Brief

The State of M.P. sought to amend its objections to an arbitral award three years after filing them. The trial court rejected the amendment as being beyond limitation, but the High Court allowed it. The Supreme Court held that while amendments beyond the limitation period are ordinarily not permissible as they affect vested rights, the amendment was not pressed by the State in the appeal. The Court clarified that jurisdiction objections can be raised under Section 34 of the Arbitration Act independently, without prior raising under Section 16 before the arbitrator. The Court also overruled earlier precedent, holding that 'public policy of India' encompasses both State and Central laws.

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Arbitration Civil Procedure Jurisdiction Amendments Limitation Constitutional Law

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