SENBO ENGINEERING LTD. Vs. AHLCON READY MIX CONCRETE

JUDGEMENT

(1.) By this appeal a challenge has been laid to the judgment of the learned Single Judge dated 05.12.2011 passed in OMP No. 898/2011, and the award dated 01.08.2011. The appellant before us, is aggrieved by the fact that its challenge to the award by way of a petition under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the said Act), was repelled. The appellant, both before the arbitrator as well as before the learned Single Judge, appears to have reiterated three issues qua the claims raised by the respondent. It may, however, also be noted that the appellant had also raised counter claims before the learned arbitrator, which has been rejected. No submissions were raised before us vis- -vis the counter claims.

(2.) The three issues, out of which two are preliminary issues, are as follows:

(3.) These issues briefly arise in the background of the following facts: