IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/PETN. UNDER ARBITRATION ACT NO. 66 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE ==========================================================

1 Whether Reporters of Local Papers may be allowed No

1	Whether Reporters of Local Papers may be allowed to see the judgment ?	No
2	To be referred to the Reporter or not ?	Yes
3	Whether their Lordships wish to see the fair copy of the judgment ?	No
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	No

==========================================================

AEPL INFRASTRUCTURE PVT. LTD.

Versus TEHRAN JONOOB TECHNICAL AND CONSTRUCTION COMPANY ==========================================================

Appearance:

MR R S SANJANWALA SR. COUNSEL with MR NV GANDHI(1693) for the Petitioner(s) No. 1 for the Respondent(s) No. 1 MR SUJOY S ROUTH(10901) for the Respondent(s) No. 2 MR PERCY KAVINA, SR. COUNSEL with MS AMRITA M THAKORE(3208)

for the Respondent(s) No. 2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 05/05/2023

ORAL JUDGMENT

1. The present petition is filed under Section 27 of the Arbitration and Conciliation Act, 1996 praying for the following reliefs:-

“a. Allow the present Application under Section 27 of the Act filed by the Petitioner; and b. Summon personnel of IOCL as described under Para 15 of the aforesaid Application to be present before the Ld. Sole Arbitrator as third-party witnesses; and c. Direct the personnel of IOCL as described under Para 15 of the aforesaid Application to produce Project related documents relied upon by the Petitioner/

Respondent before the Ld. Sole Arbitrator;

d. Direct the personnel of IOCL as described under Para 15 of the aforesaid Application to produce Project related documents and communications from August

2020 till date; and e. Grant any other and further relief(s), order(s), direction(s) as this Hon’ble Court may deem fit and proper in the aforementioned and attending circumstances.”

2. The brief facts leading to filing of the present petition are as under:-

2.1 That Indian Oil Corporation Limited (IOCL’) vide Tender No. PLCC/ETBPNMTPL/CL/19037 (‘Tender’) invited tenders for Laying of Cross County R-LNG pipeline from IP-101 (Palliyagram) to IP 105 (Ramanthapuram) & Spurlines, Thirunallur to Associated Sectionalising Valve (SV) Stations, Receiving Terminals (RT) & Station Works under ETBPNMTPL “Project Group-F” IP 201 to Bengaluru (Project) Various eligible bidders including the Respondent participated in the Tender.

2.2 That the Petitioner and Respondent No. 1 entered into a Pre- bid Agreement wherein the absolute and complete subcontracting of the works under Group F was termed as strategic alliance.

2.3 That the Respondent, vide its Email, without specifying the exact reason, informed the Petitioner that pipeline laying work from Chainages 158 to 168 at Andhra Site and Chainages 209 to

225 at Karnataka site has been taken over from the Petitioner.

2.4 That the Petitioner sent an Email to the Respondent wherein the Petitioner mentioned that owing to the breaches and the part takeover of the Contract at the hands of the Respondent, the Petitioner would not be in position to execute the Contract.

2.5 That on 17.07.2020 the Arbitration Clause of the Contract was invoked by the Respondent. That on 17.03.2021 the Hon'ble Supreme Court appointed Mr. Justice C. K. Thakker, Former Judge Supreme Court of India as a sole arbitrator to adjudicate the dispute between the Petitioner and Respondent No. 1 in the interest of justice. That the 1^st Arbitral Proceeding was held between the parties, headed by a Ld. Sole Arbitrator on 08.04.2021. That the Proceedings in regards to pleading have been completed by the Parties before the Arbitral Tribunal and the evidence by way of affidavit has also been filed by the parties before the Ld. Ar

Click Here to Read the rest of this document