Manmohan, J. (Oral)

1. Present petition has been filed under Section 34(2) read with Sections 13(5), 16(5), 28(1)(a) and 28(3) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act, 1996") challenging the majority arbitral Award dated 13th June, 2003 passed by an Arbitral Tribunal comprising Mr. H.M. Singh, Presiding Arbitrator, Mr. S. Venkiteswaran and Mr. R.S. Saran, Arbitrators.

2. Mr. Sanjay Jain, learned senior counsel for petitioner-objector impugns the arbitral Award on the sole ground that it counts part of a day, namely, 6th October, 1995, during which discharge was possible as a `weather working day' even though the Vishakhapatnam Port Trust had issued a certificate that it was a `non weather working day'. He submits that the Award is contrary to the Charter Party Agreement dated 6th June, 1995 executed between the parties. In this connection, Mr. Jain relies upon Clauses 29, 36 and 38 of the Charter Party Agreement.

3. Mr. Jain also submits that the said interpretation is contrary to law. In this connection, he places reliance upon a judgment of Queen's Bench Division in Compania Naviera Azuero S.A. v. British Oil & Cake Mills Ltd. and Ors., (1957)