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RAMESH KUMAR JAIN v. BHARAT ALUMINIUM COMPANY LIMITED (BALCO)

Supreme Court of India | Diary 24603/2023

Status

Judgment

Decided On

2025-12-18

Bench

HON'BLE MR. JUSTICE N.V. ANJARIA, HON'BLE MR. JUSTICE ARAVIND KUMAR

Petitioner

RAMESH KUMAR JAIN

Respondent

BHARAT ALUMINIUM COMPANY LIMITED (BALCO)

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Full Judgment Text

2025 INSC 1457

Page 1 of 28

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO OF 2025

(Arising out of SLP (C) No. 14529 of 2023)

RAMESH KUMAR JAIN ….APPELLANT

VERSUS

BHARAT ALUMINIUM COMPANY

LIMITED (BALCO) ….RESPONDENT

J U D G M E N T

ARAVIND KUMAR, J.

1. Heard. Leave Granted.

2. We have been called upon to examine the correctness of the Judgement and

order dated 03.05.2023 passed by the High Court of Chhattisgarh at Bilaspur

in ARBA No. 05 of 2017 whereby the arbitral award dated 15.07.2012 passed

by the sole Arbitrator awarding a sum of Rs. 3,71,80,584 (Three crores seventy-

one lacs eighty thousand five hundred eighty-four only) along with the statutory

Page 2 of 28

interest to the appellant, affirmed by the Commercial Court by judgement and

order dated 02.01.2017 in MJC No. 33/16 while exercising jurisdiction under

section 34 Arbitration and Conciliation Act, 1996 (hereinafter “A&C Act”) has

been set aside by the High Court in exercise of its limited appellate jurisdiction

under section 37 of the A&C Act.

3. The facts shorn of unnecessary details are set forth herein under:

3.1. The respondent-Bharat Aluminum Company Limited (in short

“BALCO”) invited a tender for the purpose of mining and transporting

3,70,000 Metric Tons (MTs) of Bauxite from Mainpat mines to

resp...

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