PRIVATE LIMITED vs ENEXIO POWER COOLING

Bench: 3 — Dhananjaya Y. Chandrachud, J B Pardiwala, Manoj Misra

In Brief

Enexio contracted with OPG and Gita Power to design, manufacture, supply, and erect an air-cooled condenser unit. A dispute arose over Rs 6.75 crores in unpaid dues. An ICC arbitral tribunal awarded Enexio Rs 6.11 crores plus interest, holding both OPG and Gita Power jointly liable. The trial judge set aside the award, finding it contradictory on limitation grounds. A High Court division bench restored it. The Supreme Court upheld the award, holding: (1) limitation for the composite claim ran from March 2016 under Article 55; (2) a written acknowledgement in April 2018 extended limitation under Section 18; (3) the tribunal consistently applied limitation principles; and (4) no patent illegality or public policy violation existed. The appeals were dismissed.

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Arbitration Law Limitation Law Contract Law Breach of Contract Public Policy Patent Illegality Acknowledgement Group of Companies Doctrine Performance Guarantee Test Goods and Services Contract

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