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NEERAJ TIWARI
India Oil Corporation Ltd. – Appellant
Versus
Commercial Court – Respondent
| Table of Content |
|---|
| 1. arbitral award sequence and relevance of legal provisions. (Para 4 , 5 , 6) |
| 2. arguments concerning jurisdiction and limitation in arbitration. (Para 8 , 9 , 12) |
| 3. existence of agreement in arbitration clause under amended laws. (Para 13 , 14 , 15) |
| 4. difference between arbitral awards and court decrees. (Para 20 , 21 , 22) |
| 5. final decision and implications for the parties involved. (Para 48 , 49) |
JUDGMENT :
1. Heard Sri Anil Sharma, learned Senior Counsel assisted by Sri P. K. Rai, learned counsel for the petitioners and Sri Manish Goyal, learned Senior Counsel assisted by Sri Pranab Kumar Ganguli, learned counsel for the respondents.
2. Present petition has been filed challenging the order dated 08.08.2022 passed by Commercial Court, Varanasi i.e. respondent no. 1 in Execution Case No. 24 of 2020 (Old Case No. 21/2012) and additional award dated 21.02.2006 passed by Arbitrator in the matter of M/s Vidhyawati Construction Col vs. IOCL and another .
3. Since, only legal question is involved in the present petition and pleadings have been exchanged between the parties, therefore, with the consent of parties, petition is being decided at the admission stage itself.
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