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Supreme Court of India 2021-11-10 dismissed

Ratnam Sudesh Iyer vs Jackie Kakubhai Shroff

Bench: 2 — Sanjay Kishan Kaul

In Brief

Two shareholders in Atlas Equifin (holding shares in Multi Screen Media Pvt. Ltd.) entered into a Deed of Settlement to end disputes. The respondent later claimed breach through e-mails from his wife. The arbitrator awarded liquidated damages to the appellant and denied the respondent his settlement benefits. The High Court set aside the award. The Supreme Court held that the award violated fundamental policy of Indian law by depriving the respondent of earned benefits based merely on indiscreet e-mails from his non-party wife. The Court dismissed the appeal and upheld the award's setting aside, finding the arbitrator's conclusion manifestly unreasonable.

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Arbitration Arbitration and Conciliation Act, 1996 Section 34 Application Award Setting Aside Temporal Application of Amendments Fundamental Policy of Indian Law International Commercial Arbitration Deed of Settlement Patent Illegality

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