TRIMEX INTERNATIONAL FZE, DUBAI Vs. JAYSWALS NECO LTD

JUDGEMENT

(1.) By way of present petition under Section 34 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") the petitioner has assailed award dated 14th March, 2008 passed by the Learned Sole Arbitrator praying for setting aside of the arbitral award as per the grounds stated in the petition.

(2.) Brief facts of the case are as under :-

(3.) Petitioner submits that the learned arbitrator fell grave error in law by computing the penalty towards supply of under sized cargo on the basis of the discharge port analysis when the provisions of the contract dated 4th October 2000 clearly provide the computation to be carried out on the basis of the load port analysis which renders the award contrary to the provisions of the contract and also against the public policy.