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SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
APCO INFRATECH Ltd. – Appellant
Versus
MECON Ltd. – Respondent
| Table of Content |
|---|
| 1. contractual completion timelines and payments. (Para 2 , 4 , 5 , 7) |
| 2. late payments and requests for dues. (Para 6 , 10) |
| 3. arbitral tribunal decisions on claims and liquidated damages. (Para 8 , 11) |
| 4. challenging arbitration awards. (Para 12 , 13) |
| 5. restoration of arbitral awards. (Para 36 , 37) |
JUDGMENT :
SHREE CHANDRASHEKHAR, J.
1. M/s APCO INFRATECH Ltd. [in short APCO] has filed this Commercial Appeal under section 13(1-A) of the Commercial Courts Act , 2015 against the judgment dated 30th May 2019 passed by the Presiding Officer of the Commercial Court at Ranchi in Commercial (REVOC) Case No. 117 of 2015. The Commercial Court has set aside the arbitral Award dated 15th May 2015 on the ground that the composition of the arbitral Tribunal was not as per the agreement of the parties and, therefore, the arbitral Award was liable to be set aside under section 34 (2) (a) (v) of the Arbitration and Conciliation Act, 1996 [in short AC Act].
2. Briefly stated, the Indian Oil Corporation Limited [in short IOCL] awarded the work for “Civil Works for Pipeline Tank Term
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