M/S.Hindustan Petroleum Corporation Ltd v. M/S.Bal Roadlines Pvt.Ltd

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 1119 OF 2015 M/s.Hindustan Petroleum Corporation Ltd.

..... Petitioner

VERSUS

M/s.Bal Roadlines Pvt. Ltd.

..... Respondents Mr.S.R.Page for the Petitioner.

Mr.Rakesh Agrawal for the Respondents.

CORAM :

R.D. DHANUKA, J.

DATED :

21st SEPTEMBER, 2015 P.C.

By this petition filed under section 34 of the Arbitration and Conciliation Act, 1996, the petitioner seeks to impugn the arbitral award dated 31st March, 2015 rendered by the arbitral tribunal thereby allowing some of the claims made by the respondents. The principle ground raised by the learned counsel for the petitioner is that the learned arbitrator has not considered some of the clauses of the contract while allowing the claims made by the respondents. 2.

With the assistance of the learned counsel appearing for the parties, I have perused the arbitral award rendered by the learned arbitrator. A perusal of the award clearly indicates that the learned arbitrator has rendered a finding of fact that show cause notice issued by the respondent for the termination of the contract was illegal as there was no contract on the date of termination. The learned arbitrator has considered all the documents and the relevant provisions of the contract in detail and has rendered a reasoned award. The learned arbitrator has

2/3 also rendered various findings of fact which in my view are not perverse. The learned arbitrator has rendered a reasonable award which is rendered after considering the documents and evidence. No case is made out for interference of the impugned award.

3.

Petition is devoid of merits and is accordingly dismissed. No order as to costs.

[R.D. DHANUKA, J.]

3/3 CERTIFICATE Certified to be true and correct copy of the original signed order.