SGS INDIA PRIVATE LIMITED Vs. VEDANTA LIMITED

JUDGEMENT

(1.) This intra-court appeal i.e., 'Original Side Appeal' ['OSA' for the sake of brevity] has been brought before this 'Commercial Appellate Division' ['CAD' for the sake of brevity and convenience] under Sec. 37 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter 'A and C Act' for the sake of convenience and clarity] assailing an 'order dtd. 2/8/2019 made in O.P.No.1115 of 2018 and A.Nos.9660 of 2018 and 2220 of 2019 thereat' [hereinafter 'impugned order' for the sake of convenience] made by a Sec. 34 Court in the Commercial Division of this Court.

(2.) An 'arbitral award dtd. 12/5/2018' [hereinafter 'impugned arbitral award' for the sake of convenience] made by a three member 'Arbitral Tribunal' ['AT' for the sake of brevity] was assailed in the Sec. 34 Court successfully by the 'respondent' before the AT i.e., 'Vedanta Limited' [hereinafter 'Vedanta' for the sake of convenience]. To put it differently, the Sec. 34 Court interfered with the impugned arbitral award and set aside the impugned arbitral award which was made partly in favour of the appellant before us, namely 'SGS India Pvt. Ltd.,' [hereinafter 'SGS' for the sake of brevity and convenience] which was claimant before the AT.

(3.) Factual matrix in a nutshell or in other words short facts shorn of granular particulars i.e., short facts imperative for appreciating this order will suffice considering the limited legal perimeter within which a legal drill under Sec. 37 of A and C Act should perambulate.