LAWS(DLH)-2010-4-439

GAIL INDIA LTD Vs. PARAMOUNT LTD

Decided On April 30, 2010
GAIL INDIA LTD Appellant
V/S
PARAMOUNT LTD Respondents

JUDGEMENT

(1.) GAIL (India) Ltd. (referred to as the petitioner/GAIL hereafter) entered into two contracts with the Paramount Limited ('Contractor'/respondent hereafter), one in respect of a Waste Water Treatment Plant at UPCC, Pata, and the second with regard to the Condensate Polishing Unit (Part-B) for a Gas Cracker Unit for U.P. Petrochemical Complex of M/s GAIL at Pata, Uttar Pradesh.

(2.) Identical disputes arose in respect of completion of the two contracts resulting in initiation of the arbitration in both matters. The disputes in both contracts were referred to the arbitration of Shri T.S. Vijayaraghavan as sole arbitrator. Separate proceedings were held by the learned arbitrator which culminated in the making and pronouncement of two awards both dated 20th November, 2003 in favour of the contractor. GAIL has assailed the said awards by way of the separate objections under Section 34 of the Arbitration & Conciliation Act, 1996 which have been registered as OMP No. 66/2004 and OMP 80/2004. The awards are similar and identical questions of law and fact have been raised for consideration in both these matters. For this reason, these two petitions are hereby taken up together for consideration.

(3.) For the purposes of convenience, OMP No. 66/2004 is taken up first.