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2009 Supreme(Del) 1099

MANMOHAN
SHREE FORWARDING AGENCY – Appellant
Versus
CEMENT CORPORATION OF INDIA LTD. – Respondent


Advocates appeared
Dr. Anurag Kumar Agarwal, Advocate.
Mr. Arvind Kumar Gupta, Advocate.

JUDGMENT

MANMOHAN, J : (Oral) 1. Present objection petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the arbitral award dated 05th December, 2002 passed by Shri M.P. Sinha, Sole Arbitrator.

2. At the outset, Mr. Arvind Kumar Gupta, learned counsel for respondent has submitted that in a similar award, identical objections had been dismissed by Hon’ble Justice Sanjay Kishan Kaul and even appeals before the Division Bench as well as the Supreme Court had also been dismissed. In this context, Mr. Gupta referred to Hon’ble Justice Sanjay Kishan Kaul’s judgment dated 28th November, 2005 and two orders dated 30th August, 2007 and 16th November, 2007 passed in the present case by this Court. The relevant portion of the judgment rendered by Hon’ble Justice Sanjay Kishan Kaul in M/s. Shree Vinayak Cement Clearing Agency Vs. M/s. Cement Corporation of India Ltd., OMP No. 106/2003 decided on 28th November, 2005 is reproduced hereinbelow:-

“2) Learned counsel for the petitioner attempted to take the Court through the complete records of what transpired before the Arbitrator and to reappraise the material including the evidence and facts, but it w







































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