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2015 Supreme(Bom) 15

MOHIT S.SHAH, B.P.COLABAWALLA
Artson Engineering Ltd. – Appellant
Versus
Indian Oil Corporation Ltd. – Respondent


Advocates Appeared:
For the Appellant:Sharan Jagtiani a/w R.K. Satpalkar i/b Mulla & Mulla & Craigie Blunt and Caroe, Advocates. For the Respondent:Mainsh Bhatt, Senior Advocate, i/b D Brijesh, Advocate.

JUDGMENT

B.P. Colabawalla J.

1. This Appeal under section 37 of the Arbitration and Conciliation Act, 1996 (“the Act”) takes exception to two orders passed by the learned Single Judge. The Appellant herein was the Claimant before the Arbitral Tribunal. The Tribunal passed an Award dated 30th June, 2005 in favour of the Appellant and the Respondent challenged the same by filing a Petition under section 34 of the Act. In the said Petition, the first order was passed by the learned Single Judge dated 9th November, 2006 (“1st impugned order”) whereby the Award passed by the Arbitral Tribunal in favour of the Appellant was set aside. The second order was passed by the learned Judge on 21st December, 2006 (“2nd impugned order”) which was on an application for “speaking to the minutes of the order” filed by the Respondent. By this order, the learned Judge, added further reasons in the 1st impugned order for rejecting another claim granted to the Appellant. This Appeal was admitted by a Division Bench of this Court on 26th April, 2007 and has now come up for final hearing before us.

2. The facts stated briefly, and which are material for our purpose, are that the Appellant had bid for a cont
































































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