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2023 Supreme(Mad) 2221

ABDUL QUDDHOSE
Oriental Veneer Products Ltd. , Having Registered Office at: No. 36, Mohamadi Lakada Bazar, M. S. Road, Mumbai – Appellant
Versus
Union of India, Represented by its General Manager, Integral Coach Factory, Chennai – Respondent


Advocates appeared:
For the Petitioner:K. Ashok Kumar, Advocate. For the Respondents: Ar. L. Sundaresan, Additional Solicitor General, for V. Chandrasekaran, Senior Panel Counsel – Railways.

JUDGMENT

(Prayer: Petition filed under Section 34 (2) (a) and 2 (b) of the Arbitration and Conciliation Act, 1996 to set aside the Additional Award dated 25.09.2021 passed by Mr.K.V.Babu, Sole Arbitrator, in the arbitration proceeding between the petitioner and respondents arising out of Application No.1 of 2021 in O.P.No.125 of 2019 on the file of this Court for being against the public policy of India and patently illegal, therefore, liable to be set aside under Section 34 (2)(b) and 34 (2A) of the Act.)

1.This petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an order dated 25.09.2021 passed by the Arbitral Tribunal under Section 33 of the Arbitration and Conciliation Act, dismissing the application filed by the petitioner, seeking for correction in the arbitral award dated 26.07.2021.

2. The contention of the petitioner is that, by inadvertence in the claim statement, they had disclosed the claim towards refund of liquidated damages as Rs.9,35,523/- instead of Rs.16,39,886/-.

3. The arbitral award dated 26.07.2021 was passed, pertaining to the dispute between the petitioner and the respondents which was sought to be corrected by the

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