JUDGMENT - D.K. DESHMUKH, J.:---This is a petition filed under section 34 of the Arbitration and Conciliation Act, 1996 for setting aside the award dated 15th April, 1999. The facts that are relevant and material for deciding this petition are that the parties had entered into a charter party agreement dated 19th May, 1995 whereby the respondent chartered their vessel M.V. Prabhu Gopal to the petitioners to carry certain goods. The vessel discharged at two ports, the first was Vishakhapatnam where the vessel discharged part of the goods. The vessel discharged at the second port being Haldia, the balance of the goods. According to the respondents the vessel incurred demurrage charges at the discharge port for which the respondents made a claim amounting to Rs. 1,08,00,431/-. On this amount of demurrage charge, dispute arose between the parties.

2. In the agreement between the parties there was an arbitration clause. Therefore the disputes were referred to arbitration under the Act. The respondents invoked the arbitration clause and appointed Shri K.P. Patel as their arbitrator and also appointed Messrs Bhatt Saldanha, as Advocates to represent them in the arbitration proceedings. T

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