QUALTECH ENGINEERS PVT. LTD Vs. OMMAYAL ACHI

JUDGEMENT

(1.) Captioned 'Original Petition' ('OP' for the sake of brevity) has been presented in this Court on 11.11.2016, assailing an 'arbitral award dated 31.08.2016 bearing reference Arbitration Case No.7 of 2015' (hereinafter 'impugned award' for the sake of brevity), made by an 'Arbitral Tribunal' ('AT' for the sake of brevity) constituted by a sole Arbitrator.

(2.) Though obvious, it is deemed appropriate to mention that captioned OP is an application under Section 34 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)', which shall hereinafter be referred to as A and C Act' for the sake of brevity.

(3.) In this web-hearing on a video conferencing platform i.e., virtual Court today, Mr.P.J.Rishikesh, learned counsel on record for sole petitioner and Mr.A.R.Karunakaran, learned counsel on record for lone respondent are before me. To be noted, captioned OP was taken up for final disposal with the consent of both sides, it was heard in part in the last listing on 02.02.2021, final hearing arguments continued in this listing and it has been heard out fully today. Sole claimant before AT is the protagonist of captioned OP. In other words, sole claimant before AT is the petitioner in captioned OP and 'petitioner' in captioned OP shall hereinafter be referred to as 'contractor' for the sake of convenience and clarity. Lone respondent before AT is the lone respondent in captioned OP also and from hereon, sole 'respondent' in captioned OP shall be referred to as 'said Trust' for the sake of convenience and clarity.