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2019 Supreme(Mad) 2956

M.SUNDAR
Ion Exchange India Ltd. – Appellant
Versus
Angenpalayam Common Effluent Treatment Plant Ltd. – Respondent


Advocates Appeared:
For the Appellant :Ramakrishnan Viraraghavan, Senior Counsel for G. Sivashankaran, Advocate.
For the Respondents:M.S. Krishnan, Senior Counsel for Sadhana V. Shankar for Ramani and Shankar, Advocates.

JUDGMENT :

M. Sundar, J.

1. There is a sole Petitioner and a lone Respondent in the instant Original Petition (hereinafter 'O.P.' for brevity).

2. Sole Petitioner and lone Respondent in the instant O.P. are juristic persons, i.e. Companies incorporated in India and both are Public Limited Companies. Petitioner-Company which goes by the name 'Ion Exchange India Limited' shall be referred to as 'IEL' and Respondent-Company which goes by the name 'Angeripalayam Common Effluent Treatment Plant Limited' shall be referred to as 'ACL', both for the sake of brevity.

3. Instant O.P. has been filed under Section 34 of 'Arbitration and Conciliation Act, 1996' ('A & C Act' for brevity) assailing an Arbitral Award, dated 18.4.2018 made by a 'Arbitral Tribunal' ('AT' for brevity) constituted by Three Members. This Award, dated 18.4.2018 made by AT which is being assailed and which is being sought to be set aside in the instant O.P. shall hereinafter be referred to as 'impugned Award' for the sake of brevity, clarity and convenience.

4. In the scheme of A and C Act, Section 34 is slotted under Cha

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