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2019 Supreme(Bom) 239

R.D.DHANUKA, A.K.MENON
Balaji Pressure Vessels Limited – Appellant
Versus
Bharat Petroleum Company Limited – Respondent


Advocates Appeared:
Zain Mookhi, Adv., N.C. Parekh, Adv., N.J. Marjadi, Adv., Janhavi D Doshi, Adv., Mansukhlal Hiralal & Company, Adv., Kedar Wagle, Adv., Sagar Wagle, Adv., Pankaj Sawant, Adv., Ali Abbad Delhiwalla, Adv., S.A. Bhalwal, Adv., Vyas & Bhalwal, Adv.

JUDGMENT :

R.D. Dhanuka, J.

By consent of parties, all the aforesaid appeals were heard together finally and are being disposed of by a common judgment. Learned counsel appearing for the parties jointly state that the facts in Appeal No.263 of 2015 which is the lead matter are identical with the facts in the remaining appeals and thus the judgment of this court in Appeal No.263 of 2015 would apply to the other appeals. We would summarize the facts and submissions in Appeal No.263 of 2015. Learned counsel appearing for the appellant in Appeal No.256 of 2015 has adopted the submissions made by the learned counsel for the appellant in Appeal No.263 of 2015 and have made few additional submissions which would be dealt with in the later part of the judgment.

Some of the relevant facts for the purpose of deciding this appeal are as under :-

2. The appellant was the original claimant before the learned arbitrator and was the original petitioner before the learned Single Judge whereas the respondent herein was the original respondent before the learned arbitrator and also before the learned Single Judge. The learned arbitrator has rejected the claims made by the appellant. The said arbitral aw




































































































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