NITIN JAMDAR, C.V.BHADANG
Oil & Natural Gas Corporation Ltd. – Appellant
Versus
A Consortium of Sime Darby Engineering Sdn. Bhd. – Respondent
What is the maintainability of an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against an order rejecting amendments to a Section 34 petition? What is the effect test for determining the maintainability of an appeal under Section 37(1)(c) when a delay-condonation or amendment rejection occurs? What are the permissible grounds for an appeal under Section 37 in the context of challenges to arbitral awards and related amendments, as interpreted by this judgment?
Key Points: - The appeal under Section 37 is not maintainable for orders that do not fall within Section 37(1) categories; the Court held the present appeal not maintainable (!) . - Section 37(1)(c) allows an appeal against setting aside or refusing to set aside an arbitral award under Section 34, and the Effect Test may apply to determine maintainability in certain scenarios (e.g., condonation of delay) per Chintels India Ltd. v. Bhayana Builders Ltd. (!) (!) (!) [p_13 p_14]. - The Apex Court decision Kandla Export Corporation v. OCI Corp. is cited for the principle that only those appeals challenging the specific orders under Section 37 are maintainable (!) . - The Division Bench decisions (e.g., Raghuvir Cotton… and Harmanprit Singh Sidhu) are discussed as contrasting views on maintainability of amendments/challenges under Section 37 (!) (!) . - The judgment clarifies that refusing to condone delay in filing under Section 34 may lead to an appeal under Section 37(1)(c), but this does not expand to all amendment rejection scenarios (!) (!) . - The court emphasizes speed and minimal challenges in arbitral proceedings and warns against a practice of filing repeated amendments to prolong proceedings (!) . - The Court ultimately dismisses the appeal as not maintainable (!) . - The observations in this judgment pertain to maintainability, not the merits of the impugned order (!) . - The case involved ONGC challenging an arbitral award and seeking amendments to the petition under Section 34 (!) (!) (!) . - The impugned order granted some amendments and rejected others, which formed the basis of the challenge to Section 34 petition’s maintainability (!) (!) .
JUDGMENT :
Nitin Jamdar, J.
(Through Video Conferencing)
The Appellant- Oil & Natural Gas Corporation Ltd. has filed a Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 before the learned Single Judge challenging the arbitral award rendered against the Appellant. In this petition, the Appellant took out a chamber summon to amend the original petition. By the impugned order, the learned Single Judge granted some amendments and rejected the other amendments. The Appellant, by this appeal, has challenged the order of the learned Single Judge rejecting the amendments.
2. Preliminary objection is taken by the Respondent to the maintainability of the appeal. To consider the preliminary objection, a brief narration of facts is necessary, and it is as follows:
3. The Appellant- ONGC issued a tender on 29 May 2009 for the work- ‘The construction and commissioning for entire facilities of one well cum process platform with living quarters cum power generation cum water injection on an independent jacket.’ On 19 May 2010, the tender was awarded to the Respondents for works amounting to USD 618376022/-. Pursuant to the same, an agreement was executed bet
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