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2008 Supreme(Online)(Del) 15

DELHI HIGH COURT
, CJ, DR. S.MURALIDHAR, J
Himachal Joint Venture – Appellant
Versus
Panilpina World Transport (India) Pvt. Ltd. – Respondent


Advocates:
For the Appellants/Petitioners:Ms.Kiran Suri, Advocate
For the Respondents:Mr.Sandeep Sethi, Sr. Advocate, Mr.Jasmeet Singh, Advocate

Table of Content
1. appeal initiated against an arbitration award due to contract termination disputes. (Para 1 , 2 , 3)
2. contractual obligations and arbitration agreements guide disputes and damage claims. (Para 4 , 5 , 6)
3. expectation of profit defined as compensable in breaches of contract without proving actual loss. (Para 8 , 9 , 10)
4. court affirms the arbitrator's analysis on contract execution. (Para 11 , 12 , 14)
5. the appeal dismissed reaffirming the arbitration award. (Para 17 , 18)

ORDER

% 8-8-2008

1. Aggrieved by the judgment and order dated 11th January, 2008 of the learned single Judge dismissing the appellant's petition under Section 34 of the Arbitration and Conciliation Act, 1996 , the appellant has preferred the instant appeal seeking reversal thereof.

2. The facts leading to this appeal are that the appellant was desirous of importing Tunnel Boring Machine (“TBM” in short) with backup system and associated equipments from Malm, Norway and Bilbao/Spain to Adit-II site of Parbati PB-2 Project site at District Kullu, Himachal Pradesh. The respondent being a leading company in the field of International Freight forwarding with expertise in the movement of such type of

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