G.S. Kulkarni, J.

1. This appeal under Section 37 of the Arbitration and Conciliation Act,1996 (for short “the Arbitration Act”) arises from the judgment and order dated 30 June 2005 passed by the learned Single Judge whereby the Appellant's petition under Section 34 of the Arbitration Act, challenging the Award of the Sole Arbitrator dated 4 July 2003 has been rejected. The learned Arbitrator allowed the claim made by the Respondent (original claimant) and rejected the counterclaim of the Appellant (original Respondent). Thus there are concurrent findings of two forums against the Appellants.

2. The factual antecedents in which the controversy arises may be illustrated by the following facts:

The Respondent-claimant is a company incorporated in Australia having its principal place of business in Sydney. At the material time, it was represented in India through its representative M/s. Ensource Energy (India) Private Limited (for short “ENSOURCE”). The business of the Respondent was interalia of supplying non-coking coal. The Appellant (formerly known as Larsen & Turbo Lt