J U D G M E N T

CAV on 21 st July 2023 Pronounced on 5 th September 2023 Per, Shree Chandrashekhar, J. M/s APCO INFRATECH Ltd. 1 has filed this Commercial Appeal under section 13(1-A) of the Commercial Courts Act, 2015 against the judgment dated 30 th May 2019 passed by the Presiding Officer of the Commercial Court at Ranchi in Commercial (REVOC) Case No. 117 of

2015. The Commercial Court has set aside the arbitral Award dated 15 th May 2015 on the ground that the composition of the arbitral Tribunal was not as per the agreement of the parties and, therefore, the arbitral Award was liable to be set aside under section 34 (2) (a) (v) of the Arbitration and Conciliation Act, 1996 2 .

2. Briefly stated, the Indian Oil Corporation Limited 3 awarded the (in short, APCO) (in short, AC Act) (in short, IOCL)

2 Commercial Appeal No. 23 of 2019

work for “Civil Works for Pipeline Tank Terminal at Amousi near Lucknow” 4 in the State of Uttar Pradesh to M/s MECON Limited