GAS AUTHORITY OF INDIA Vs. PCP INTERNATIONAL LTD

JUDGEMENT

(1.) By way of present petitions both Gas Authority of India (in short "GAIL) and PCP International Ltd. (in short "PCP") have filed objections under Section 34 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act, 1996") challenging the Award dated 8th January, 2001 passed by the Sole Arbitrator, Mr. Justice (Retd.) M.S. Gujral. While OMP No. 208/2001 has been filed by GAIL, OMP No. 217/2001 has been filed by PCP.

(2.) The controversy pertains to a contract between the parties executed on 24th October, 1994 for construction of certain buildings etc. at the site of GAIL in Uttar Pradesh. Suffice it to say that disputes arose between the parties which led to arbitration clause being invoked in respect of the disputes. PCP filed its statement of claims to which GAIL filed its written statement/objections and raised certain counter claims. The arbitral proceedings culminated in the Award dated 8th January, 2001.

(3.) After the passing of the Award, both GAIL and PCP filed applications under Section 33 of Act, 1996 before the Arbitrator. Both the applications were disposed of by the Arbitrator vide order dated 3rd March, 2001. The Arbitrator made a minor correction in the Award which was in the nature of correcting typographical error and other than that correction, the Arbitrator dismissed both these applications.