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This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000820 ON BEHALF OF AHAAR

15. Mr. Peeyoosh Kalra, counsel for AAHAR, defends the impugned Award and submits that UOI failed to prove its counter-claim before the Arbitral Tribunal, and thus, the findings of the learned Arbitrator warrant no interference. Mr. Kalra submits that the warning letters relied upon by UOI, were never referred to or proved in arbitration, rather, reliance was placed only upon certain tabulations and charts prepared by UOI - which, according to law, is no proof of the counter-claim. It is submitted that UOI was required to establish and prove, with cogent material and evidence, that procurement under the risk and expense clause was done in accordance with the terms of the Agreement. The learned Arbitrator analysed the material placed before her, however, did not find the stance of UOI to be credible. It is well-settled in law that the quality and quantity of evidence falls in the exclusive domain of Arbitrator and re-appreciation of the evidence is impermissible in the present proceedings. Mr. Kalra also submits that if UOI was indeed compelled to resort to the risk and expense clause, the same had to be done strictly in accordance with the terms of the Agreement, and the same cannot be at variance.