N.S. Associates PVT. LTD. vs. The Life Insurance Corporation Of INDIA
Facts
The petitioner, N.S. Associates Pvt. Ltd., filed an application (O.M.P. (COMM) 208/2022) seeking to set aside an arbitral award dated January 10, 2022. The respondent, Life Insurance Corporation of India, filed an application to correct the operative portion of this Court's judgment dated October 29, 2024, which had allowed prayer (a) of the petitioner. The respondent argued that the Court should have set aside the entire award instead of just allowing prayer (a). Prayer (a) sought to set aside the arbitral award concerning the non-grant of GST at 18% on awarded amounts in certain claims, except for amounts already granted.
Held
The Court dismissed the respondent's application seeking correction of the operative portion of the judgment dated October 29, 2024. The Court noted that the main prayer in O.M.P. (COMM) 208/2022 was prayer (a), which sought to set aside the arbitral award concerning the non-grant of GST at 18% on awarded amounts. The Court had decided the matter in the conspectus of this prayer and consequently couched the relief in terms of the prayer sought. Therefore, no merit was found in the application for correction, and it was dismissed.
Key Issues
1. Whether the Court erred in allowing prayer (a) of the petitioner's application (O.M.P. (COMM) 208/2022) instead of setting aside the entire arbitral award dated January 10, 2022, as argued by the respondent. Petitioner's contention: The petitioner sought to set aside the arbitral award concerning the non-grant of GST at 18% on awarded amounts in specific claims, as per prayer (a). The Court's previous order allowed this prayer. Respondent's contention: The respondent argued that the Court's operative portion in its judgment dated October 29, 2024, was incorrect and should have set aside the entire award, not just allowed prayer (a).
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
O R D E R
IA No.13737/2025 (filed on behalf of the respondent to correct the operative portion in paragraph-21 of the impugned judgment / order dated 29.10.2024)
This is an application seeking modification as correction of the operative portion viz. paragraph-21 of the impugned judgment dated 29.10.2024. The said operative portion reads as under:
“21. For the aforesaid reason, the impugned award is clearly unsustainable. Consequently, the prayer (a) of the petitioner is allowed; the impugned award is set aside in terms of the said prayer.”
The applicant takes exception to this Court allowing prayer (a) of OMP (COMM.) 208/2022 instead of setting aside the entire award.
It is noticed that the main prayer as canvassed in the OMP (COMM.) 208/2022 is as
The judgment continues below.
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