JUDGMENT :

VIBHU BAKHRU, J

Introduction

1. The parties have filed these petitions under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter ‘the A&C Act’) impugning an arbitral award dated 23.08.2012 (hereafter ‘the impugned award’) rendered by an arbitral tribunal constituted by a Sole Arbitrator (hereafter ‘the Arbitral Tribunal’).

2. The impugned award was rendered in respect of the disputes that had arisen between the parties in connection with the Agreements (five in number), whereby Dhampur Sugar Mills Limited (hereafter ‘DSM’) had agreed to supply ethanol to Hindustan Petroleum Corporation Limited (hereafter ‘HPCL’).

3. Undisputedly, HPCL was required to bear the sales tax on such supplies of ethanol. However, it was entitled to mitigate the levy by providing Form-C for the ethanol purchased from DSM. According to DSM, HPCL failed and neglected to furnish the Form-Cs within the time prescribed resulting in a sales tax assessment being framed on DSM for enhanced sales tax and penalty. DSM claimed that the same constituted a breach of the agreements in question and accordingly, suspended the supply of ethanol under the four agreements in question until the issue was