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2023 Supreme(Del) 654

CHANDRA DHARI SINGH
Trade International, Through Proprietor Mr. P. K. Handa – Appellant
Versus
Avon Healthcare Pvt. Ltd. – Respondent


Advocate Appeared:
Mr. Varun Singh, Mr. Ytharth Kumar, Ms. Alankriti Dwivedi, Ms. Kajal S. Gupta, Mr. Himanshu Yadav, Mr. Mohd. Atif Ahmad, Mr. Pankaj K. Modi and Ms. Smriti Wadhwa, Advocates, Mr. Prashant Mehta and Ms. Divita Vyas, Advocates

JUDGMENT :

CHANDRA DHARI SINGH, J.

The petitioner vide the present petition under Section 34 of the Arbitration & Conciliation Act, 1996, (hereinafter referred to as ‘the Act’) has sought the following reliefs:

    “a) allow the present petition and consequently set aside the Impugned Arbitral Award dated 31.05.2020 pronounced on 01.06.2020 passed by learned Sole Arbitrator Hon'ble Mr. Justice [Retd] V.K. Bali;

b) Pass such other order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case:”

FACTUAL MATRIX

2. The brief facts of the case are that before the learned Arbitral Tribunal, two claim petitions bearing No. DAC/2085A/06-18 and DAC/20858/06-18 were filed. The counter claims have also been filed between the same parties. Both the claims have been decided by the learned Arbitral Tribunal by a common award. The learned counsel appearing on behalf of the parties had also consented that both the claim petitions could be decided by way of passing a common award.

3. M/s. Avon Health Care Private Limited, the respondent herein and the claimant before the learned Arbitral Tribunal, is a company incorporated under the Companies Act, 1956 whereas the petit

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