LAWS(MAD)-2016-10-63

M/S. HARDY EXPLORATION & PRODUCTION (INDIA) INC., 5TH FLOOR, WESTMINISTER BUILDING 108, DR. RADHAKRISHNAN SALAI, MYLAPORE, CHENNAI Vs. M/S. SAMSON MARITIME LIMITED, HAVING ITS REGISTERED OFFICE AT 201

Decided On October 04, 2016
M/S. Hardy Exploration And Production (India) Inc., 5Th Floor, Westminister Building 108, Dr. Radhakrishnan Salai, Mylapore, Chennai Appellant
V/S
M/S. Samson Maritime Limited, Having Its Registered Office At 201 Respondents

JUDGEMENT

(1.) This is a petition filed under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 1996 Act), to lay a challenge to the award dated 25.08.2015 and the additional award dated 25.10.2015.

(2.) I must state at the very outset that the petitioner has assailed the aforementioned awards on just two (2) grounds. First, on the ground of bar of limitation. Second, on the ground that the Arbitral Tribunal has exceeded its jurisdiction, inasmuch as it has held that the petitioner is liable to reimburse the component of service tax levied on the first respondent, contrary to the plain terms of the contract, obtaining between the parties.

(3.) Before I proceed further, let me, therefore, sketch out the broad facts, in the background of which, challenge has been laid to the aforementioned awards. Prefatory facts: