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2022 Supreme(Kar) 341

SURAJ GOVINDARAJ
ITI Limited A Company Incorporated Under The Companies Act – Appellant
Versus
Alphion Corporation In The State Of Delaware – Respondent


Advocate Appeared:
For the Appellant :SRI. C.K.NANDAKUMAR, FOR SRI. RAGHURAM CADAMBI, SRI. SHYAM HARINDRA SRI. AKHIL ANAND, NAMAN BAGGE SRI. RISHI RAJ AND MS.MEDHA RAO, ADVOCATES
For the Respondent:SRI. SIDDHANT S. DARIRA, ADVOCATE FOR SRI. ARUN GOVINDRAJ, SRI. MUDIT SHARMA, ADVCOATE AND SRI. ASHOK KUMAR AGGARWAL, ADVOCATES FOR R1 (NOC))

ORDER :

1. The Petitioner/Plaintiff is before this Court seeking for the following reliefs:

WHEREFORE, in light of the above, it is most respectfully prayed that this Hon'ble Court be pleased to:

A. Set aside the Arbitral Award dated 07.10.2021 passed by the Sole Arbitrator, the Second Respondent herein, in entirety;

B. Call for records of the arbitration proceeding from the Second Respondent; and,

C. Grant such other orders or reliefs as this Hon'ble Court deems just and equitable, including costs of the proceedings.

2. The Respondent herein was the Claimant before the Arbitral Tribunal. The Respondent had sought for the following reliefs before the Tribunal:

109. In the above facts and circumstances, it is most respectfully prayed that this Hon'ble Arbitral Tribunal may graciously be pleased to pass:

    a. an Award in favour of claimant directing the respondent to pay the sum of INR 130,95,59,986.01 (Rupees One Hundred Thirty Crores ninety five Lakhs fifty Nine Thousand nine Hundred eighty six and Paise one only) towards Annual Comprehensive Repair Charges for the Tender Quantity and the Reservation Quantity Order under Proforma Invoices and Invoices set out in Paras 88 and 89 herein-before

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