- (1.) This is an application filed under Section 34 of the 1996 Act for setting aside the award dated 16th August, 2004.
(2.) The case of the petitioner is that it was engaged to man the ship M. V. Dering (vessel) of the Andaman & Nicobar Administration under an agreement dated 14th September, 1993. Difficulties arose between the parties and the vessel was handed to Shipping Corporation of India, the respondent. The respondent took over management of the vessel on the condition that the claimant would provide service till arrangements were made by the respondent. This resulted in a supplementary agreement dated 30th August, 1994. Clause 3.2 and 6.1. of the 1993 agreement was amended.
(3.) Clause 6.1 of the 1993 agreement fixed the monthly manning fees at Rs.3,39,000/- per month. This as per clause 5.8 of the 1993 agreement covered the existing wage for 10 officers and in case of increase in number or certification, the cost would be extra on the owner's account. From the initial amount of Rs.3,39,000/- per month, the monthly fees was increased to Rs.3,99,000/- by the supplementary agreement of August, 1994. Additional man power had to be deployed and as the respondent refused to make payment not only of the monthly fees at the periodically enhanced rates but also for the additional man power deployed, disputes and differences arose between the parties and in view of the Arbitration clause the same was invoked and Arbitrator appointed. The Arbitrator after hearing the parties passed an award on 16th August, 2004 whereby both the issues were decided against the petitioner. Hence, the instant application has been filed.;