By these two petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short “the said Act”), both the petitioners have impugned part of the arbitral award dated 6th December 2011. By consent of the parties, both the arbitration petitions were heard together and are being disposed of by a common judgment. Some of the relevant facts for the purpose of deciding these arbitration petitions are under:-

2. The petitioner in Arbitration Petition No.341 of 2012 was the original respondent in the arbitral proceedings whereas the petitioner in Arbitration Petition No.1017 of 2012 was the original claimant. For the sake of convenience, the parties to the aforesaid proceedings are described as they were described in the arbitral proceedings in the later part of this judgment as “the claimant” or “the original respondent” as the case may be.

3. The claimant is engaged in the business inter alia of operating private FM Radio Stations in various cities in pursuance of the license granted in its favour by the Government of India from time to time. The original respondent is a Copyright Society registered under Section 33 of the Copyright Act, 1957 and is a non-pr