VICTORY ELECTRICALS LTD Vs. GE CAPITAL SERVICES

JUDGEMENT

(1.) CM No.9265/2015 (exemption) Exemption is allowed subject to all just exceptions. FAO (OS) 273/2015 This appeal is directed against the order dated 21.04.2015 passed by a learned Single Judge of this Court in OMP 55/2014. The said petition was filed under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the said Act') and was in respect of the award dated 03.10.2013 and the amended award dated 10.10.2013 passed by the Sole Arbitrator in the disputes between the parties.

(2.) THE only point urged by the learned counsel for appellant in the present appeal is that the counter -claim which was submitted by the appellant on 03.10.2013 ought not to have been rejected on the ground that the Arbitrator had become functus officio. He further submitted that a communication through e -mail had been sent on 28.09.2013 alongwith the attached counter -claim in electronic form. The hard copy was received by the Arbitrator on 03.10.2013 but, on that very date the learned Arbitrator had already passed the award. The amended award of 10.10.2013 was only an amendment carried out for correcting certain typographical errors.

(3.) THE learned counsel for the appellant submitted that the counterclaim could not have been filed earlier because the event which triggered the counter -claim was the forfeiture of US $ 75000 by the appellant's buyer and in respect of which the claim was sought to be made against the respondent. That forfeiture took place only in March 2013 whereas the disputes between the parties had already been referred to arbitration on 13.01.2012. It is the case of the appellant that the subsequent disputes could very well have been taken up by the learned arbitrator by admitting the counter -claim for resolution.