R.V.RAVEENDRAN, H.L.GOKHALE
Sumitomo Heavy Industries Limited – Appellant
Versus
Oil & Natural Gas Commission of India – Respondent
JUDGMENT
Gokhale, J. —
This appeal is directed against the judgment and order dated 19th December 2001 rendered by a Division Bench of the Bombay High Court in Appeal No. 126 of 2000 confirming the decision of a single Judge of that Court dated 29th November, 1999, in Arbitration Petition No. 104 of 1998 whereby the High Court has set aside the Award dated 27th June, 1995 made by the umpire in an Arbitration claim of the appellant against the respondent. The question involved in this appeal is as to whether as held by the Division Bench, the umpire had failed to apply his mind to the material on record and the clauses of the contract between the parties thereby rendering a perverse award, or whether his decision was a possible one and the High Court had erred in interfering therein.
2. The appellant had entered into a contract with the first respondent for installing and commissioning of Well-cum-Production Platform Deck and connected system including submarine pipelines on a turn-key basis at its Bombay High (South) Offshore Site for extraction of oil. The appellant had appointed M/s.Mc Dermott International Inc (in short ‘MII’) as the Sub-Contractor in execution of this work by
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