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2019 Supreme(Bom) 1549

S.C.GUPTE
Oil & Natural Gas Corporation Ltd. – Appellant
Versus
A. Consortium of Sime Darby Engineering Sdn Bhd – Respondent


Advocates Appeared:
Zubin Behramkamdin, Adv., Rohit Gupta, Adv., Nishit Dhruva, Adv., Prakash Shinde, Adv., Khushbu Chhajed, Adv., Niyati Merchant, Adv., Abhishek Bhavsar, Adv., Kevic Setalvad, Adv., Renu Gupta, Adv., Sushma Nagraj, Adv., Kinjal Patel, Adv.

JUDGMENT :

S.C. Gupte, J.

Heard learned Counsel for the parties.

2. This chamber summons has been taken out in a pending commercial arbitration petition, seeking amendment to the original petition. The schedule of amendment annexed to the chamber summons indicates that the Petitioner seeks to firstly add a recitation of how the award was remitted to the panel of arbitrators under Section 33 of the Arbitration and Conciliation Act,1996 ("Act") and what happened before the arbitrators in pursuance of such remission. The schedule, secondly, seeks to add various further grounds of challenge to the impugned award. Whilst the narration of further proceedings in arbitration, as a result of the application under Section 33 made on 20 April 2018, does not pose any serious challenge, it merely being a historical narration, the real challenge arises as a result of additional grounds of challenge sought to be introduced in the petition. The arguments at the Bar revolve around these additional grounds.

3. The grounds sought to be added in the petition are of three categories. The first category of grounds, i.e. grounds R to TT (except SS), are all pertaining to the challenge of the Petitioner to it

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