R.D.DHANUKA,J. - (1.) By this petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, the petitioner has impugned the arbitral award dated 16th November 2012 rendered by the arbitral tribunal allowing some of the claims made by the respondent. The petitioner herein was the original respondent before the arbitral tribunal whereas the respondent was the original claimant. Some of the relevant facts for the purpose of deciding this petition are as under :-
(2.) Some times in the year 1995, the petitioner floated a tender for operation and maintenance of the vessel Samudrika-3. Various contracts were awarded to the respondent relating to the five vessels which were owned by the petitioner. The respondent was successful in its bid pursuant to the said tender invited by the petitioner. Five separate contracts were executed by and between the parties in respect of different period in respect of vessels Samundrika-3, Samundrika-8, Samundrika-9, Sindhu-9 and Sindhu-11. The contracts were executed by and between the parties in respect of the aforesaid vessels on 22nd March 1995. It is the case of the petitioner that under the said contracts, the duties and obligations of the respondent included inter alia ".. manning, operation, victualling, repair and maintenance and provisioning of the vessel with a view to provide round-the-clock logistics support services.." to the petitioner's offshore operations. According to the petitioner, it was the duties and obligations of the respondent to keep the vessel in good running order and condition, and substantially in the same condition in which it was received by the respondent.
(3.) In so far as this petition is concerned, the dispute is arising out of the contracts dated 22nd March 1995 in respect of the vessels Samundrika-3, Samundrika-8, Samundrika-9, Sindhu-9 and Sindhu-11.;