JAKKI MULL & SONS Vs. JAGDISH THAKRAL

JUDGEMENT

(1.) This petition under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as Act) has been filed by the petitioner challenging the correctness and validity of the Award dated 22nd September, 2008 passed by the Sole Arbitrator in the arbitration proceedings between the parties.

(2.) The primary challenge to the Arbitration Award is on the ground that the Sole Arbitrator has committed a patent error in not considering the counter claim of the petitioner.

(3.) To answer the above contention, the following sequences of events are to be noted and appreciated.