VidhiSangh

Supreme Court of India · 13/02/2020

VIJAY KARIA & ORS. versus PRYSMIAN CAVI E SISTEMI SRL & ORS.

[2020] 4 S.C.R. 336 · 2020 INSC 178

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld enforcement of four London arbitral awards arising from a joint venture and imposed Rs 50 lakh costs for speculative resistance. Section 48 provides narrow, exhaustive defences and permits no merits review disguised as perversity or public policy. The Court distinguished denial of a fair hearing from rejection of arguments, explained the exceptional consequence of wholly omitting a material claim, and held that a rectifiable FEMA breach did not violate fundamental Indian legal policy.

Issues

  1. What limits govern resistance to foreign-award enforcement and intervention under Article 136.
  2. When a court retains discretion to enforce despite an established objection.
  3. Whether inability to present a case includes failure to decide material issues.
  4. Whether the alleged FEMA pricing breach prevented enforcement.
  5. Whether the particular claim, evidence, valuation and bias objections justified refusing or modifying the awards.

Provisions considered

Held

Result

Appeals dismissed; enforcement of the four foreign awards upheld. Appellants directed to pay Rs 50 lakh costs to respondent 1 within four weeks. Request to shift the valuation date under Article 142 rejected.

Judgment PDF: Supreme Court of India, [2020] 4 S.C.R. 336.