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2023 Supreme(Del) 963

VIBHU BAKHRU, AMIT MAHAJAN
Nabinagar Power Generating Company Ltd. – Appellant
Versus
Amr India Ltd. – Respondent


Advocates appeared:
Ms. Manvinder Acharya, Senior Adv with Mr. R. Sudhinder, Mr. Dattatray Vyas and Mr. Akshay Singh Sengar, Advocates, for the Appellant.
Mr. Brijesh Kumar Goel, Mr. Rajeev Kumar, Mr. Sajal Goel and Ms. Rashmi Bhardwaj, Advocates, for the Respondent.

JUDGMENT

Vibhu Bakhru, J. The appellant (hereafter `NPGC') has filed this intra-court appeal under Section 37(1) of the Arbitration and Conciliation Act, 1996 (hereafter `the A&C Act') impugning an order dated 05.07.2019 passed by the learned Single Judge of this Court (hereafter `the impugned order'), whereby the learned Single Judge dismissed NPGC's application under Section 34 of the A&C Act to set aside the arbitral award dated 10.12.2018 (hereafter `the impugned award').

2. The arbitral proceedings were commenced pursuant to the notice dated 29.03.2014, issued by the respondent (hereafter `AIL') seeking reference of the disputes to arbitration. The Arbitral Tribunal substantially allowed most of the claims made by the respondent and rejected the counter-claims raised by NPGC. NPGC had assailed the impugned award by filing an application under Section 34 of the A&C Act [being OMP (COMM.) 248/2019]. The said application was rejected by the learned Single Judge in terms of the impugned order. The learned Single Judge did not find that the arbitral award was vitiated by patent illegality or was in conflict with the public policy of India. The learned Single Judge also held that th

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