HRD CORPORATION Vs. GAIL INDIA LTD

JUDGEMENT

(1.) The petitioner a Company registered under the laws of the State of Texas, USA having its principal office at 1459, Minetta, Houston, Texas 77035, has filed the present petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) for appointment of a substitute arbitrator as per Rule 11(12) read with Rule 10 of the ICADR rules in place of Late Mr. Justice N.N. Goswamy (Retd) in Arb. P. No.33/2007 - ICADR and Arb. P. No.38/2010- ICADR and also praying that the remaining members of the said Tribunal be allowed to continue in office.

(2.) The petitioner is engaged in refining and dealing amongst others in HDPE Wax, a byproduct of an HDPE/LLDPE plant in Petro Chemical Complex a downstream product of crude oil and higher fractions of Natural Gas, in USA and other parts of the world using its own technology.

(3.) Respondent is a Company registered under the Companies Act, 1956 and is engaged in the business of dealing with natural gas and downstream natural gas products (including HDPE/LLDPE) and has established its plant at its Petro Chemical Complex at Pata in the State of U.P.