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2010 Supreme(SC) 169

AFTAB ALAM
Dolphin Drilling – Appellant
Versus
Oil and Natural Gas Corporation – Respondent


ORDER

Aftab Alam, J. —

1. This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator for and on behalf of the respondent and to refer the dispute(s) between the parties for arbitration. The applicant and the respondent entered into an agreement dated October 17, 2003 for “Charter Hire of Deepwater Drilling Rig DP-Drill Ship `Belford Dolphin’ along with Services on Integrated Basis”. In terms of the agreement, the applicant was to carry out drilling operations for the respondent in the offshore waters of India as allocated by the respondent. Clause 28 of the agreement contained the arbitration clause. According to the applicant, though the period of the agreement came to an end on February 13, 2007, on being called upon by the respondent, it continued to provide further services till April 10, 2007 for which it was entitled to be paid additionally on comparable rates under the agreement.

2. The applicant makes the grievance that a number of its invoices were not paid or only paid in part by the respondent and on demands made by it the respondent did not even give any satisfactory reply for non-payment/part-payment of tho

















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