Slight Divergence of Russell and Gary Born

Court did not in Dakshin Haryana Bijli Vitran Nigam Ltd. v. M/s. Navigant Technologies Pvt. Ltd., 2021 (1) SCR 1135 direct, a Dissenting Opinion to be treated as an Award. This approach is correct.

There appears to be a slight divergence in thinking between Russell and Gary Born.

It is evident, a Dissenting Opinion cannot be treated as an Award if Majority Award is set aside. If a Majority Award is set aside, elevation of Dissenting Opinion as an Award, would, with respect, be inappropriate and improper.

Hon’ble Justice S. Ravindra Bhat, M/s. Hindustan Construction Company Limited v. M/s. National Highways Authority of India, [Civil Appeal No. 4658 of 2023].