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2017 Supreme(Del) 718

VIBHU BAKHRU
PAWAN HANS HELICOPTERS LTD – Appellant
Versus
MARITIME ENERGY HELI AIR SERVICES PVT LTD – Respondent


Advocates Appeared:
For the Petitioner: Mr Puneet Taneja.
For the Respondent: Mr Jayant K. Sud, Ms Priya Puri, Mr Umang Kumar Singh and Mr Swatantra Rai.

JUDGMENT :

VIBHU BAKHRU, J

1. M/s Pawan Hans Helicopters Limited (hereafter ‘PHHL’) has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter ‘the Act’) challenging the arbitral award dated 24.02.2016 (hereafter 'the impugned award') made by the sole arbitrator in connection with the disputes between PHHL and M/s Maritime Energy Heli Air Services Pvt. Ltd. (hereafter ‘Maritime').

2. The impugned award is rendered in the context of the disputes that had arisen between PHHL and Maritime in connection with an Agreement for Wet lease of amphibian aircraft which was to be deployed in Andaman & Nicobar Islands. There was a delay in delivery of the amphibian aircraft and consequently PHHL had levied liquidated damages. The Agreement between the parties was also prematurely terminated. The arbitrator accepted Maritime’s claim for refund of the liquidated damages collected by PHHL and also awarded damages for premature termination of the Agreement. The counter claims made by PHHL were rejected. The only challenge made by PHHL in these proceedings is in respect of refund of liquidated damages and the award of damages for premature termination of th






















































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