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2023 Supreme(Del) 4030

MINI PUSHKARNA
Ministry of Youth Affairs And Sports, Dept. of Ports, Govt. of India – Appellant
Versus
Ernst And Young Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Neeraj Choudhary, Advocate, for the Petitioner.
Mr. Koshy John, Mr. Prateek Khanna and Ms. Ravneet Kaur, Advocates for R-1.

JUDGMENT

Mini Pushkarna, J.

Introduction

1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Arbitration Act") has been filed challenging the Award dated 11th December, 2017 passed by the Arbitral Tribunal consisting of three retired Judges of this Court. It is the case of petitioner that though the Arbitral Tribunal has passed the Award in its favour by upholding the submissions made by it in respect of its claims, however, the Arbitral Tribunal erred in not reflecting in the concluding para of the Award, the relief/amount with regard to one of the claims raised by the petitioner for Rs. 2.82 crores.

2. Perusal of the record in the present case shows that though the present petition was listed before the Court for the first time on 05th September, 2018, however, substantive hearing took place for the first time only on 13th February, 2019. On the said date, preliminary objection was raised on behalf of respondents with regard to maintainability of the present petition on the ground of limitation. Thus, matter has been heard by this Court only on the preliminary objection as regards maintainability of the present peti



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