ESSAR GUJARAT LTD Vs. OIL & NATURAL GAS COMMISSION

JUDGEMENT

(1.) PARTIES had entered into a contract agreement No. BOP/SP/SCON/C35/82 of 21st September, 1986 for the purpose of execution of exploratory wells drilled in Gujarat, Himachal Pradesh and Jammu and Kashmir and to carry out auxiliary operations for the purpose of producing mineral oil and/or gas. Since disputes arose between the parties in relation to work that was to be carried out by the petitioner at sites in Himachal Pradesh namely, Nurpur and Jawalamukhi in relation to the amounts payable to them, therefore as per Article 32 of the contract, those were referred for adjudication by the Arbitrator. Non -objector appointed Sh. R. T. Atre as Arbitrator and respondent -objector appointed Mr. Justice H. R. Khanna (Retd.) as Arbitrator nominated by it.

(2.) ARBITRATORS at the first hearing nominated Sh. Justice P. K. Goswami former Judge of the Supreme Court of India as umpire who died during the pendency of the proceedings. Thereafter, Arbitrators appointed Mr. Justice A. N. Grover, another former Judge of the Supreme Court of India as Umpire. Record of the case shows that time was extended with the consent of parties for making award till 30 -4 -1993, thereafter joint award has been made by both the Arbitrators on 29 -3 -1993. This was received in the Registry and was registered as A.A. No. 67/93. Notice was ordered to be issued regarding filing of the award on 28 -4 -1993. Against this award objections under Sections 30 and 33 of the J&K Arbitration Act for setting aside this award has been filed by respondent -objector. According to appellant counter claim had not been at all considered by the Arbitrators while passing the impugned award and it also does not give the amounts itemwise, therefore, award was liable to be set aside according to learned counsel for objector which is otherwise disproportionately high. These pleas have been controverted by Mr. Kohli learned senior counsel appearing for non -objector. According to him this is a case of non -speaking award therefore, error/misconduct if any has to be found on examination of the award/record of proceedings.

(3.) AFTER the parties had filed their respective pleadings, issues were framed in this case on 25 -4 -1994 which are as under :