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2023 Supreme(Del) 9648

HIGH COURT OF DELHI
M/S TRADE INTERNATIONAL – Appellant
Versus
M/S AVON HEALTHCARE PVT LTD – Respondent


J U D G M E N T

CHANDRA DHARI SINGH, J.

1. The petitioner vide the present petition under Section 34 of the Arbitration & Conciliation Act, 1996, (hereinafter referred to as „the Act‟) has sought the following reliefs:

“ a) allow the present petition and consequently set aside the Impugned Arbitral Award dated 31.05.2020 pronounced on 01.06.2020 passed by learned Sole Arbitrator Hon'ble Mr. Justice [Retd] V. K. Bali;

b) Pass such other order/orders as this Hon‟ble Court may deem fit and proper in the facts and circumstances of the case:”

FACTUAL MATRIX

2. The brief facts of the case are that before the learned Arbitral Tribunal, two claim petitions bearing No. DAC/2085A/06-18 and DAC/20858/06-18 were filed. The counter claims have also been filed between the same parties. Both the claims have been decided by the learned Arbitral Tribunal by a common award. The learned counsel appearing on behalf of the parties had also consented that both the claim petitions could be decided by way of passing a common award.

3. M/s Avon Health Care Private Limited, the respondent herein and the claimant before the learned Arbitral Tribunal, is a company incorporated under the Companies Act, 1956 whereas t

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