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2022 Supreme(Del) 415

VIBHU BAKHRU
Millennium School – Appellant
Versus
Pawan Dawar – Respondent


Advocate Appeared:
For the Appellant :Mr Abhijeet Sinha, Mr Archit Singh Gyani, Mr Aditya Shukla & Mr Amit Aggarwal, Advocates.
For the Respondent:Mr Pramod Kumar Sharma, Mr. Prashant Bajaj Advocate.

JUDGMENT :

Vibhu Bakhru, J.

1. The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the ‘A&C Act’) impugning an arbitral award (hereinafter the ‘impugned award’) dated 28.02.2020 delivered by an Arbitral Tribunal comprising of a Sole Arbitrator (hereinafter the ‘Arbitral Tribunal’).

2. The impugned award was rendered in the context of disputes that have arisen between the parties in relation to the Agreement dated 01.04.2012.

Factual Context

3. Mr Pawan Dawar (hereinafter ‘the respondent’) is engaged in the business of providing transport services and carries on his business under the name and style of his proprietorship concern M/s Genesis Enterprises (hereinafter ‘GE’).

4. On 01.04.2012, the parties entered into an Agreement, whereby the respondent agreed to provide transport services to the petitioner. The petitioner owned twenty-two school buses, which the respondent agreed to operate and maintain. The respondent was required to provide conductors, drivers, supervisors, cleaners, full time mechanics and other pe

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