IA No. 18185/2011 (for restoration) in OMP No. 91/2005

1. For the reasons stated therein, this application is allowed. The petition is

2. The application is disposed of. restored to its file.

3. The challenge in OMP No. 91 of 2005 under Section 34 of the Arbitration & Conciliation Act, 1996 (‘Act’) filed by Degremont Limited (formerly known as Ondeo Degremont Limited) is to the impugned Award dated 10th December 2004 of the Arbitral Tribunal (‘Tribunal’) allowing Claim No. 1 of Respondent No. 1 Yamuna Gases & Chemicals Limited and holding that the Petitioner should pay Respondent No. 1 a sum of Rs. 46,24,568/-together with interest @ 10% per annum from 16th June 2001 till payment. The Tribunal dismissed all other claims of Respondent No. 1 and counter claims of the Petitioner. The Respondent No. 1 was also held to be entitled to pay costs of Rs. 50,000/-.

4. OMP No. 228 of 2005 is by Yamuna Gases & Chemicals Limited challenging the same impugned Award to the extent that most of its claims were rejected by the Tribunal.

5. For the sake of convenience in this judgment hereinafter Degremont Limited would be referred to as the Petitioner and Yamuna Gases & Chemicals Limited as Re