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M/S Container Corporation Of India Ltd vs M/S Texmaco Limited on 3 November, 2022

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~19

                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      O.M.P. (COMM) 85/2021 & I.A. 3167/2021, I.A. 11514/2021,
                                 I.A.11515/2021

                                 M/S CONTAINER CORPORATION OF INDIA LTD ..... Petitioner

                                                    Through:      Mr. Naveen R. Nath, Senior Advocate
                                                                  with Mr. Rahul Jain and Ms. Kawita
                                                                  Nelwal, Advocates.

                                                    versus

                                 M/S TEXMACO LIMITED                                   ..... Respondent

                                                    Through:      Mr.     Samrat      Nigam      with
                                                                  Mr.Vijayender      Kumar       and
                                                                  Mr.Maharashi Kaler, Advocates.
                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                              ORDER

% 03.11.2022 In the course of hearing final submissions on this petition under section 34 of the Arbitration & Conciliation Act, 1996 ('A&C Act' for short), it is noticed that the 03 members of the learned Arbitral Tribunal who have dealt with the disputes, have signed 03 separate opinions purporting to comprise the arbitral award(s); and therefore there is no single award signed by all 03 members or even by a majority of the members.

In this circumstance, certain queries have been put to Mr. Naveen R. Nath, learned senior counsel appearing for the petitioner, especially in light of sections 29 and 31 of the A&C Act.

The principal query is : which is the 'final award', even if by a majority, that the petitioner has sought to impugn by way of the present proceedings?

Mr. Nath seeks sometime to examine this aspect. For the above purpose, re-notify on 24th November 2022.

ANUP JAIRAM BHAMBHANI, J NOVEMBER 3, 2022 ds Signature Not Verified Digitally Signed By:NEERAJ Signing Date:05.11.2022 O.M.P. (COMM) 85/2021 Page 2 of 2 14:44:34