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2014 Supreme(Bom) 769

S.C.GUPTE
Oil And Natural Gas Corporation – Appellant
Versus
Dolphin Drilling Ltd. – Respondent


Advocates Appeared:
For the Petitioner Pradeep Sancheti, Senior Advocate along with Omprakash Jha, D. Jain, Shambhavi Bhansali i/by The Law Point, Advocates.
For the Respondent:Rahul Narichania, Senior Advocate along with Vishal Muglikar, Shardul Thacker, Pratiksha Avhad, Sunit Kumar V.N. i/by M/s. Mulla and Mulla & C.B,. & C. Advocates.

JUDGMENT

1. The Petition challenges an order passed by an Arbitral Tribunal on 23 April 2013, under Section 34 of the Arbitration and Conciliation Act 1996. The Petitioner and the Respondent entered into an agreement dated 17 October 2003 for charter hire of the Deep Water Drilling Rig “Belford Dolphin” along with services on an integrated basis. Under the agreement the Respondent agreed to perform drilling operations in the off-shores in India as may be designated by the Petitioner. The Petitioner was referred to as an Operator, whilst the Respondent was referred to as a Contractor under the agreement. The disputes between the parties arose in respect of the various invoices raised by the Respondent towards the drilling operations and integrated services performed by the Respondent under the agreement for the Petitioner. The invoices raised by the Respondent, in respect of which the dispute arose, were either not paid or not paid in full by the Petitioner. These disputes were referred to an Arbitral Tribunal of three Arbitrators.

2. The claims made by the Respondent before the Arbitral Tribunal broadly fall within 5 categories. Each of these categories and the award in respect ther









































































































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