LAWS(GJH)-2025-6-80

MANBHUPINDER SINGH ATWAL Vs. NEERAJ KUMARPAL SHAH

Decided On June 13, 2025
MANBHUPINDER SINGH ATWAL Appellant
V/S
NEERAJ KUMARPAL SHAH Respondents

JUDGEMENT

(1.) At the outset, we may record that the matter was heard at length on various dates and the judgement was reserved on 10/3/2025. There is some delay in the delivery of the judgment, which we want to place on record. The delay has occurred on account of an emergent medical condition in the family of the Presiding judge, the author of the judgement, who had to proceed on leave for one month from 17/3/2025. The judgement was prepared during the summer vacation commenced from 9/5/2025 ended on 9/6/2025, and is being delivered without any further delay on 13/6/2025.

(2.) For the convenience of readers, the judgment is divided into parts as indicated in the table of contents, given hereinbelow :-

(3.) This is a matter pertaining to an arbitral award passed in an international commercial arbitration proceedings. The above referred two connected First Appeals No. 2819 and 2830 of 2024 under Sec. 37 of the Arbitration and Conciliation Act, 1996 have been filed by the original claimant, namely Mr. Manbhupindar Singh Atwal (Mr.M.S. Atwal) challenging the judgment and order dtd. 5/7/2024 passed by the learned Single Judge in allowing the applications under Sec. 34 of the Arbitration and Conciliation Act, 1996 (in short as the " Arbitration Act ' 1996), viz. Arbitration Petition No. 23 of 2023 and Arbitration Petition No. 24 of 2023, filed by respondents no.1 and 2, viz. Mr. N.K. Shah and Mr. K.S. Jhadwani, resulting into setting aside of the arbitral award dtd. 16/4/2021 delivered by the majority (in the ratio of 2:1) of three member arbitral tribunal.