INDURE PVT. LTD Vs. SIEMENS LTD

JUDGEMENT

(1.) This is a petition filed under Section 34 of the Arbitration & Conciliation Act, 1996 (in short the Act) for setting aside the award dated 24.05.2013.

(2.) It must be stated at the very outset that there are several legal submissions raised in the petition, which admittedly had no foundation in the pleadings filed before the learned sole arbitrator. As a matter of fact, even at the stage of arguments, the legal submissions on the basis of which the award is sought to be assailed, were not advanced before the learned arbitrator. These legal submissions, to which I would be making a reference hereinafter, were raised for the first time in written submissions on behalf of the petitioner after oral argument had concluded before the learned arbitrator and that too by a new set of advocates.

(3.) In order to appreciate the various contentions raised before me by counsels for parties, the broad facts which led to passing of the award and its challenge in this court, require to be noticed.