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2017 Supreme(Del) 706

S.MURALIDHAR
ALUPRO BUILDING SYSTEMS PVT. LTD. – Appellant
Versus
OZONE OVERSEAS PVT. LTD. – Respondent


Advocates Appeared:
For the Petitioner:Ms. Ekta Mehta with Mr. Shrayans Singhvi and Ms. Divia Rajkhowa, Advocates
For the Respondent:Mr. T.A. Francis with Mr. Mahesh Katyayan, Advocates

JUDGMENT :

1. The Petitioner, Alupro Building Systems Private Limited, has in this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’) challenged the impugned Award dated 14th November 2014 passed by the sole Arbitrator in the disputes between the Petitioner and the Respondent, Ozone Overseas Private Limited, arising out of the four Purchase Orders (‘POs’) for the supply of materials for the execution of various works awarded by the Delhi Metro Rail Project to the Petitioner.

Background facts

2. The facts are that the Petitioner, a company based in Bangalore, had placed four separate POs dated 4th October 2010, 10th November 2010, 7th December 2010 and 22nd February 2011 on the Respondent for the supply of material specifically described therein. The full payments in respect of each of the POs were made in advance by the Petitioner to the Respondent.

3. The case of the Petitioner is that sometime in February 2013, it received a notice from one Mohd. Arif describing himself as a sole Arbitrator having been appointed as such by the Respondent. The Petitioner was called upon to appear before the Arbitrator in respect of a statement of claim that was filed befor











































































































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