Union Of India Through The General Manager Central Railway v. Plr Hc Rbe Jv

39-CARBP-51-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.02.17 20:13:34 +0530 IN ITS COMMERCIAL DIVISION SHRADDHA KAMLESH TALEKAR COMM. ARBITRATION APPLICATION NO. 51 OF 2024 WITH INTERIM APPLICATION (L) NO. 20681 OF 2024 IN COMM. ARBITRATION APPLICATION NO. 51 OF 2024 The Union of India & Ors.

...Petitioners

Versus

M/s. PLR-HC-RBR(JV)

...Respondent

Mr. R. V. Govilkar, Senior Advocate a/w. Rui Rodrigues, and N. R. Bubna a/w. Shaba N. Khan, for Petitioners.

Mr. Vishwajit P. Sawant, Senior Advocate a/w. Mr. Vasudev Naidu i/b Mr. Prabhakar Jadhav Apurva Mahadik, for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J.

Date : February 17, 2025 P. C.

1.

Mr. Govilkar, Learned Senior Counsel for the Petitioners has made his submissions in connection with his challenge under Section 34 of the Arbitration and Conciliation Act.

2.

In a nutshell, the contention is that the arbitral award is bereft of any reasoning in dealing with specific pieces of evidence that formed part of the material on record. Liberal use of the word "admitted" has been resorted to, February 17, 2025 Shraddha

39-CARBP-51-2024.doc he would submit, which gives a wrong impression of what has transpired. He would submit that the award is per se devoid of any reference to clear evidence, which is an essential necessity for the award to be enforceable. Learned Senior Counsel on behalf of the Respondent shall address the Court tomorrow.

3.

Treated as "Part-heard". Stand over to February 18, 2025. 4.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website. [ SOMASEKHAR SUNDARESAN, J.] February 17, 2025 Shraddha