MADGAVKAR SALVAGE Vs. BERGEN OFFSHORE LOGISTICS PTE. LTD.

JUDGEMENT

(1.) The present Appeal is filed under Sec. 37 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") and impugns an order dtd. 11/1/2019, by which the Petition filed by the Appellant under Sec. 34 of the Arbitration Act was dismissed. At the outset we must note that despite due service, none appeared on behalf of the Respondent. It was thus that we have heard Mr. Shanker learned counsel for the Appellant and have also ourselves perused the record of the proceedings in this Appeal.

(2.) Before dealing with the submissions made and the respective grounds on which the Impugned Order has been assailed, it is useful to set out the following facts, basis the submissions made and as also borne out from the record viz.

(3.) Mr. Shanker, learned counsel appearing on behalf of the Appellant submitted that the Arbitral Award was bad in law for four reasons, (i) that the Arbitral Award made reference to Sec. 55 of the Indian Contract Act, 1872 ("Contract Act") despite the fact that it was understood between the parties that Sec. 55 of the Contract Act would not apply (ii) that the Respondent had not pleaded waiver despite which the Arbitral Tribunal had concluded that the Appellant had waived its right to claim idle time charges (iii) that the Arbitral Award contained contrary findings, and (iv) that the only basis for rejecting the claim for liquidated damages was that there was an error in calculation of the same.