Arbitration – Section 37 – Question of law can be raised in appeal for the first time
Judgment dated 17.10.2024 of the High Court of Bombay (OS) in Commercial Appeal (Lodging) No.26031 of 2023 of Indus Power Tech Inc. Vs. M/s. Echjay Industries Pvt Ltd with connected matter
Section 37 Appeal – when a question of law is raised for the first time in a court of last resort, on construction of a document or admitted facts, it is not only competent but expedient in the interests of justice, to entertain the plea.
Whether, after termination of MSA, the operation of non-competent / non-solicitation clause would result in breach of Section 27 of the Contract Act.
