LINDSAY INTERNATIONAL PRIVATE LIMITED Vs. IFGL REFRACTORIES LIMITED

JUDGEMENT

(1.) This is an application for setting aside of, what the petitioner calls, an Interim Award dated 15th October, 2020 passed by a learned Sole Arbitrator. By the said award, the Arbitrator proceeded to reject the petitioner's application for amendment of the counter-statement seeking introduction of counter-claims/equitable set-off by the petitioner.

(2.) The petitioner has made out a case of the impugned order being an Interim Award on the ground that the Arbitrator finally decided the counter- claim/ set-off and held that the claims made therein were barred by limitation. The petitioner urges that in rejecting the claims, the Arbitrator put an end to the lis between the parties.

(3.) Mr. S.K. Kapur and Mr. S.N. Mookherjee, senior counsels appearing for the petitioner argue on the maintainability of the applications under Section 34 of The Arbitration and Conciliation Act, 1996 (the Act) and that the impugned Interim Award dated 15th October, 2020 is amenable to challenge before this Court. Counsel relies on Indian Farmers Fertilizer Cooperative Limited vs Bhadra Products; (2018) 2 SCC 534 and LT. Col. H.S Bedi Retd. and Anr. vs STCI Finance Limited [OMP(Comm) 546 of 2020].