JUDGMENT :

Pradeep Nandrajog, J.

1. On 28th February 2008 an agreement was entered into between the appellants (A company incorporated under the Laws of Liberia and thereby outside the territorial jurisdiction of India) and the respondent, a Company incorporated in India. Under the agreement, the respondent, was to supply bunker fuel to the appellants’ vessel M.T. Antikeros at Mudra Port. On 5th March 2008 the respondent supplied the fuel. 12 days latter, on 17th March 2008 a dispute arose between the parties regarding the quantity and quality of the fuel supplied. On 3rd June 2008 the appellant raised a demand towards damages in sum of $1,040,400.00. The respondent denied liability vide reply dated 25th August 2008 and raised a Counter-Claim in sum of $90,325.00 towards the adjusted cost of the fuel which was offloaded in United Arab Emirates where the vessel was diverted. The agreement dated 28th February 2008 envisaged resolution of the dispute at Mumbai as per the Arbitration and Conciliation Act, 1996 (“Act”) before a Tribunal comprising three Arbitrators. One each to be nominated by the contracting parties and the 3rd to be appointed by the said two Arbitrators.

2. On 19th Marc