V.M. Kanade, J.

1. The Appellant – Maharashtra State Electricity Board which is now known as Maharashtra State Electricity Distribution Company Limited (MSEDCL) has filed this appeal under section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as “the said Act”) challenging the judgment and order passed by the learned Single Judge (Coram: Mrs. R.S. Dalvi, J.) dated 18/3/2009. By the said judgment and order, the learned Single Judge dismissed the Petition which was filed by the Appellant herein and confirmed the Award dated 18/06/2004 which was given by the Arbitral Tribunal.

2. There is a chequered history of litigation between the parties. For the sake of convenience the Appellant shall be hereinafter referred to as “MSEB”, though now it is known as MSEDCL and the Respondent M/s Datar Switchgear Ltd shall be hereinafter referred to as “DSL”. The matter travelled to the Apex Court on more than couple of occasions. Criminal complaints were filed by DSL against the Officers of MSEB and one such criminal case is still pending. MSEB also has made counter-allegations against DSL. Aggrieved by the Award passed by the Arbitral Tribunal on 18/06/2004, MSEB