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P.Dhanabal.J This appeal has been preferred as against the order passed in Arb.O.p.No.274 of 2021, wherein the appellant herein has filed the Arbitration Original Petition by challening the arbitral award passed by the Arbitrator in Arbitral award dated 07.01.2021 and the additional award dated 05.03.2021.

2. The case before the Arbitrator is as follows: The claimant Tidel park Limited is the public limited company and the respondent M/s.Arkay Energy(Rameswaram) Private Limited is a company registered under the Companies Act have entered into share holding agreement and power supply agreement dated 10.11.2005. As per the terms of the agreement M/s.Arkay Energy(Rameswaram) Private Limited has to supply 26 Million Kwh on firm basis and and 13 Million Kwh on non firm basis. The respondent M/s.Arkay Energy (Rameswaram) Private Limited is entitled to payment towards supply of power as per the agreement, but it was delayed. The appellant/Claimant Tidel Park has to pay monthy bills raised by the respondent M/s.Arkay Energy(Rameswaram) Private Limited but the respondent M/s.Arkay Energy(Rameswaram) Private Limited has not supplied power. There is a short supply of power from April 2006 to March 2008. Thereafter, April 2008 to January 2011 the respondent had not supplied the energy to the Tidel park. As per the agreemenet the respondent is entitled to 10% subsidy for the energy supplied to Tidel park, as per the rates fixed by the Tamil Nadu Electricity Board. Thereafter the appellant/Claimant Tidel park has claimed a sum of of Rs. 4,85,32,773/- https://www.mhc.tn.gov.in/judis for the short supply of power and non supply of power to the appellant/claimant, Tidel park.

ii) The appellant/ the claimant Tidel park had filed a suit for the recovery of money and the same was defended by the respondent M/s.Arkay Energy(Rameswaram) Private Limited. In that suit the M/s.Arkay Energy(Rameswaram) Private Limited has filed a petition to refer the matter for Arbitration under Section 8 of the Arbitration and Conciliation Act and the said application was allowed. The said order was challenged by the Tidel park in O.S.A. No.313 of 2013 and the said O.S.A was dismissed and thereafter the Arbitration proceedings were commenced. Three Arbitrators were nominated to decide the claim and majority award passed in favour of the respondent claimant and the appellant M/s.Arkay Energy(Rameswaram) Private Limited was directed to pay the amount of Rs.4,85,32,773/- with interest @ 13% per annum. As against the the majority Arbitration award passed by the arbitrators, the respondent in the arbitration proceedings M/s.Arkay Energy (Rameswaram) Private Limited has filed Arbitration Original Petition before the High Court in Arp.O.P.No.274 of 2021. The learned Single Judge, after hearing the both side and analysing the evidences dismissed the Arbitration Original Petition. As against the dismissal order passed by the learned Single Judge, the instant appeal has been preferred before this Court by the appellant under Section 37 of the Arbitration and Conciliation Act.