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2023 Supreme(Del) 190

CHANDRA DHARI SINGH
FLOWMORE LIMITED – Appellant
Versus
SKIPPER LIMITED – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Arvind Verma, Abhinav Mukerji, Pratishtha Vij, Rohan Jaitley, Neoma Vasdev, Pratham Mehrotra, Mahima Chauhan, Smridhi Sharma.
For the Respondents: Nikhil Nayyar, Saurav Gupta, Sugandha Batra.

JUDGMENT :

CHANDRA DHARI SINGH, J.

1. The instant petition under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter “The Act, 1996”) has been filed on behalf of the petitioner seeking the following reliefs:

    “(A) Set aside the Award dated 05.07.2022 passed by the Ld. Sole Arbitrator in Arbitration Case Ref. No. 05/02/2020.

(B) Allow and accordingly grant Counter Claim as prayed for by the Petitioner in Arbitration Case Ref. No. 05/02/2020.

(C) Award costs in favour of the Petitioner and against the Respondent.

(D) Grant any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in favour of the Petitioner.”

FACTUAL MATRIX

2. The facts necessary for the disposal of the present petition are that the Petitioner is a Public Limited Company that primarily deals in the area of large speciated application pumps and has diversified into the power sector. Flowmore Jagabandhu JV, the Petitioner's joint venture with Jagabandhu Enterprises Ltd. was awarded a contract for the Design, Engineering, Supply, Erection, Testing, and Commissioning of a 132/33 KV, 2 x 50 MVA grid sub-station including the construction of Control Room Building

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