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2023 Supreme(Del) 1591

NAVIN CHAWLA
Man Industries (india) Limited – Appellant
Versus
Indian Oil Corporation Limited – Respondent


Advocates appeared:
Mr.Jayant Mehta, Senior Advocate with Ms.Amrita Singh & Mr.Raghav Bhatia, Advocates, for the Petitioner.
Mr.Dhruv Malik, Ms.Sharmistha Ghosh, Ms.Aditi Sinha & Ms.Palak Nenwani, Advocates, for the Respondent.

JUDGMENT

1. This petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act') challenging the Arbitral Award dated 03.02.2018 passed by the learned Sole Arbitrator adjudicating the disputes that had arisen between the parties in relation to the Purchase Order dated 08.08.2013 placed by the respondent on the petitioner for line pipes for de- bottlenecking Salya-Mathura Pipeline.

2. The present petition was filed by the petitioner around 01.05.2018. During the pendency of the present petition, the petitioner filed an application, being I.A. No. 13103/2022, praying for leave to amend the petition by adding ground `DD' as an additional ground of challenge to the Impugned Award. Ground `DD' challenges the Impugned Award on the ground that the learned Sole Arbitrator was de jure ineligible to adjudicate the disputes between the parties in terms of Section 12(5) of the Act and the judgments of the Supreme Court in TRF Limited v. Energo Engineering Projects Limited, (2017)8 SCC 377; Bharat Broadband Network Limited v. United Telecoms Limited, (2019)5 SCC 755 and Perkins Eastman Architects DPC & Anr. v. HSCC (India) Ltd., (2

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