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2018 Supreme(Del) 1316

VIBHU BAKHRU
GAIL GAS LIMITED – Appellant
Versus
BALKISHAN AGARWAL GLASS INDUSTRIES LIMITED – Respondent


Advocate Appeared:
For the Petitioner:Mr. Sacchin Puri, Sr. Advocate with Ms. Sanam Tripathi, Mr. Keshav Sehgal and Mr. Kamil Khan, Advocates.

ORDER :

VIBHU BAKHRU, J.

1. The petitioner (hereafter 'GGL') has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, impugning the arbitral award dated 08.01.2018 (hereafter 'the impugned award') delivered by the Arbitral Tribunal constituted by a sole arbitrator. The impugned award was rendered in the context of the disputes that had arisen between the parties in respect of the 'Gas Supply Contract' dated 21.07.2012 (hereafter 'the GSC') entered into between the parties.

2. The disputes between the parties relate to two invoices raised by GGL: (i) Invoice No. 10000006750 dated 09.12.2015 for the sum of Rs. 31,72,548.82/-; and (ii) Invoice No. 10000006753 dated 09.12.2015 for a sum of Rs. 1,29,85,131,93/-. The said invoices were raised for the Minimum Guaranteed Offtake (MGO) for the period April to June, 2013 & July to September, 2013 respectively, which GGL claims was the respondent's obligation in terms of the GSC. The respondent disputes the same. By the impugned award, the Arbitral Tribunal accepted the respondent's claim that GGL was not justified in raising the said invoices and has accordingly quashed the





































































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