GAIL (INDIA) LTD. Vs. GANGOTRI ENTERPRISES LTD.

JUDGEMENT

(1.) This is a petition filed under Section 34 of the Arbitration & Conciliation Act, 1996 (in short the Act) to assail the award dated 03.07.2013, passed by the sole arbitrator Hon'ble Mr Justice R.C. Lahoti, former Chief Justice of India.

(2.) Mr Ajit Pudussery has assailed this decision of the learned arbitrator on various grounds, which I would be adverting to shortly. Before I do that, let me refer to certain broad facts which are relevant for arriving at a decision in the present petition.

(3.) Continuing with the narrative, the respondent vide notice dated 24.07.2001 sought reference of disputes to a sole arbitrator under clause 107.1 of the General Conditions of the Contract (in short GCC). The respondent, agreed to appointment of late Hon'ble Mr Justice R.S. Pathak, former Chief Justice of India, as the arbitrator, out of a panel of three arbitrators furnished by the petitioner. Some part of the proceedings were conducted by late Mr Justice R.S. Pathak. Upon his demise, parties by mutual consent agreed to the appointment of Mr Justice R.C. Lahoti, as the sole arbitrator. The proceedings before him, continued from the point they were positioned before Mr Justice R.S. Pathak.