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2020 Supreme(Del) 76

SANJEEV NARULA
G. + H Schallschutz Gmbh – Appellant
Versus
Bharat Heavy Electricals Ltd. – Respondent


Advocates:
Advocate Appeared:
Abhimanyu Bhandari, Advocate, Roohina Dua, Advocate, Anirudh Bakhru, Advocate, Cheitanya Madan, Advocate, Ciccu Mukhopadhaya, Advocate, Saurav Agrawal, Advocate, Akanksha Sisodia, Advocate, Aakriti Dawar, Advocate, Vibhu Anshuman, Advocate, Anshuman Chowdhury, Advocate

JUDGMENT :

Sanjeev Narula, J.

1. G + H Schallschutz GmbH, the Claimant in the arbitration proceedings, (hereinafter "Petitioner") has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter "the Act") for setting aside the Final Award dated 20th December 2018 (hereinafter "Impugned Award"), passed by the Arbitral Tribunal comprising of Mr. John Beechey, CBE (Presiding Officer), Dr. Werner Muller and Dr. Sudipto Sarkar, (hereinafter "AT") constituted under International Dispute Resolution Centre ('IDRC'), London. The challenge to the award is based inter alia on the ground that it is contrary to the public policy of Indian law, vitiated by patent illegality and it is contrary and incompatible with the prior Partial Final Award dated 31st October 2017 (hereinafter " PFA"), passed by the AT.

Foreword

2. Before dealing with the rival contentions of the parties, a brief narrative of relevant facts is necessary to appreciate the perspective of the parties and the scope of challenge in the present petition.

3. Petitioner is a company incorporated under the laws of Germany and is engaged in the business of technical acoustics and industry. It prim

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