BHARAT HEAVY ELECTRICALS LIMITED Vs. SILOR ASSOCIATES

JUDGEMENT

(1.) BY way of the present petition under Article 227 of the Constitution of India read with Section 151 CPC read with provisions of Arbitration and Conciliation Act, 1996, the petitioner has assailed order dated 21st July 2013 passed by the learned Arbitral Tribunal in a dispute pending between the parties.

(2.) BRIEF facts for the purpose of adjudication of the present matter are that the parties entered into an agreement dated 14 th February 2003 in respect of a project of 4 X V922 Western Mounted Gas Turbine Power Plant in Libya. As a result of disputes having arisen between the parties, the matter was referred to an Arbitral Tribunal. After completion of the pleadings, the learned Arbitral Tribunal opined that framing of specific issues was not necessary in the matter and accordingly directed the respondent (claimant therein), to file its affidavit by way of evidence and on such affidavit being filed, opportunity was also given to the petitioner (respondent therein) to file its affidavit by way of evidence.

(3.) CONSEQUENTLY , the first witness of the petitioner, Mr. R.K. Belapurkar, was examined and his cross examination continued on both the dates for which the learned Senior Counsel for the petitioner was busy. The crossexamination of the said witness was concluded on 3 rd March 2013. It is stated by the petitioner that no request was made for cross examination of any other witness of the petitioner nor extension of time was sought in regard to any other witness and that though opposed by the petitioner, this request was conceded to by the learned Arbitral Tribunal in the order dated 7th February 2013.