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Supreme Court of India 2025-10-31 allowed

M/s. Lancor Holdings Limited vs Prem Kumar Menon and others

Bench: 2 — Sanjay Kumar, Satish Chandra Sharma

In Brief

The Supreme Court held that an arbitral award vitiated by unexplained delay (nearly 4 years) and rendered unworkable by failure to finally resolve disputes—while irreversibly altering party positions—is patently illegal and in conflict with public policy under the Arbitration Act. The Court found the Arbitrator had misconstrued contractual clauses (Architect's certificate sufficing for completion) and left parties to fresh litigation after their positions were already altered. Using Article 142, the Court validated unlawfully executed sale deeds but penalized the developer Company ₹10 crores (forfeiture of security deposits + compensation to landowners) and entitled it to possession upon payment, achieving final justice without fresh arbitration.

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Arbitration and Conciliation Judicial Review of Arbitral Awards Patent Illegality Public Policy Delay in Arbitral Proceedings Constitutional Power - Article 142 Joint Development Agreements Contract Interpretation Real Estate Disputes Equitable Relief Finality of Arbitration

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