UEM INDIA PRIVATE LIMITED Vs. ONGC LIMITED

JUDGEMENT

(1.) The petitioner has filed the present application seeking to add further grounds for challenging the arbitral award dtd. 14/12/2017 (hereafter 'the impugned award'). The impugned award was rendered by an Arbitral Tribunal comprising of three members. Whilst two of the members concurred and passed the impugned award; the third member entered a dissenting opinion.

(2.) After the impugned award was rendered, the petitioner filed an application under Sec. 33 of the A&C Act seeking rectification and clarification, which was dismissed by an order 27/4/2018 passed by the Arbitral Tribunal on the ground that it was barred by limitation.

(3.) The petitioner has challenged the impugned award on various grounds. During the course of the proceedings, the petitioner filed an application under Sec. 34(4) of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act') praying that the present proceedings be adjourned to enable the Arbitral Tribunal to remove certain grounds, which, according to the petitioner, rendered the impugned award liable to be set aside. According to the petitioner, there were certain contradictions in the impugned award and the Arbitral Tribunal was required to clarify and/or rectify the same.