MMTC LIMITED Vs. KARAM CHAND THAPAR & BROS

JUDGEMENT

(1.) This is an appeal filed under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as „Commercial Courts Act?) read with Section 37 of Arbitration and Conciliation Act 1996 (hereinafter referred to as „the Act?). The Appellant challenges the judgment dated 31st October 2018 passed by learned Single Judge in O.M.P. (COMM) No. 193 of 2017 whereby objections against a unanimous Award dated 7th January 2017 have been dismissed, and resultantly the claims preferred by the Respondents before the Arbitral Tribunal have been upheld. BRIEF FACTUAL BACKGROUND

(2.) The nature of disputes that were referred to Arbitration, the respective versions and contentions of the parties are recorded in detail in the unanimous arbitral award. The same have also been elaborately discussed by the learned Single Judge in the impugned order. We, therefore, do not deem it necessary to discuss the facts of the case extensively, and it would suffice to note the bare essential facts that are relevant for the disposal of the present appeal.

(3.) The National Thermal Power Corporation Ltd. (NTPC) placed orders on the Appellant-MMTC for import of coal for supply to its various Power Stations in the country.