minded Arbitrators, dated 18 August 2008, and supported the reasons
of minority award dated 26 September 2008. The Arbitral Tribunal
was nominated under the Maritime ... counterclaim of the Respondents in toto.
The majority award and the minority award-
7 The operative part of the majority award is as under
Majority Award and the third Arbitrator has passed the dissenting
Minority Award.
2. OMP No.410/2015 has been filed by M/s. Saisudhir Energy ... passed the said direction. By the said petition, the minority
Award has also been challenged as a whole.
3. NTPC Vidyut Vyapar Nigam Ltd. (hereinafter
award.
19.19.19. The awards clearly state that they are the awards of the majority. Only Lord Devlin and Mr. J. Russell Wilson signed the awards ... will be in a minority. The opinion of the minority cannot be looked at for any purpose. The award with which the law is concerned
Majority Award and the third Arbitrator has passed the dissenting
Minority Award.
2. OMP No.410/2015 has been filed by M/s. Saisudhir Energy ... passed the said direction. By the said petition, the minority
Award has also been challenged as a whole.
3. NTPC Vidyut Vyapar Nigam Ltd. (hereinafter
Final
Award) at 12% per annum from 24.04.2004 till realization. Both the
Interim Award and the Final Award are under challenge in this Petition
under ... Arbitration Act ) and these awards are collectively referred to as the Award
and individually as the Interim Award and Final Award. For the sake
were directed to bear their own costs of
arbitration.
7. The minority award dated 29th September, 1996 was rendered
by the nominee arbitrator ... award awarded the sum
of Rs. Rs.15,00,142/- claimed by the defendant. There is no
objection also with respect thereto.
(C) The minority
petitioner in para 19 of the rejoinder by referring the
minority award at least has admitted that the said learned Arbitrator has
rightly awarded ... fully aware, the minority has wrongly not considered the
amount of Rs.23,59,772.00 in the minority award. In para 5.11 of the
majority
Arbitral Award, to make an additional award as to claims presented in the Arbitral Tribunal but omitted in the Arbitral Award. Sub-section (5) enables ... Minority Award, the Arbitral Tribunal had rejected the counter claim. At least the award of the Minority is very clear to this effect and hence
that the majority Award be
substituted by the dissenting Award. By seeking substitution of the majority
Award with the dissenting Award, in essence the petitioner ... upheld the minority Award. The petitioner, however,
seeks that the majority Award be set aside, and the so-called dissenting
Award be substituted
appellant. However, interestingly in and by a minor award, the third
Arbitrator for various reasons assigned came to the conclusion that the
appellant was entitled ... minority award is accepted and the
majority award is overturned, it would only result in modifying the very
award under challenge, which is impermissible
