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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, J
M/s Sri Sai Balaji Gas Cylinders Ltd. – Appellant
Versus
Mr.D.Bala Ravi Chandrudu – Respondent
| Table of Content |
|---|
| 1. lease agreement default leading to arbitration. (Para 2 , 3 , 4 , 5) |
| 2. counterclaims and their implications in arbitration. (Para 6 , 7) |
| 3. court review of arbitration under section 34. (Para 8 , 9) |
| 4. burden of proof in arbitration counter claims. (Para 11 , 12 , 13 , 20) |
| 5. concept of patent illegality in arbitration awards. (Para 14 , 15 , 16 , 17) |
| 6. final outcome of arbitration award. (Para 19 , 21 , 22) |
ORDER
This original petition has been filed under Section 34 (2)(b)(ii) & (2A) of the Arbitration and Conciliation Act , 1996 (for brevity, hereinafter referred to as “the Act”) against the award passed by the sole Arbitrator dated 25.01.2020.
2. The petitioner, who is the claimant, submitted a claim petition before the sole Arbitrator on the ground that they are engaged in the manufacture and supply of cylinders used for filling Liquified Petroleum Gas (LPG). The petitioner entered into a lease agreement on 27.07.2016 with the respondent and as per clause 2 of the lease agreement, the respondent must ensure the availability of funds for the manufacturing activities. The running expenses such as electricity, maintenance, etc., were to be borne by the respondent.
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