The High Court of Judicature at Bombay dismissed an appeal filed by Oil and Natural Gas Corporation Ltd. against an order rejecting arbitral claims, holding the appeal frivolous since no award was granted to aggrieve against.
Appeal dismissed in limine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.877 OF 2006
In
ARBITRATION PETITION NO.135 OF 2006
Oil and Natural Gas Corporation Ltd. : Appellant
(Orig.Respondent)
V/s.
M/s.Project Engineers : Respondent
(Orig.Petitioner)
Mr.Pankaj A.Savant with Mr.S.A.Bhalwal i/b. M/s.Vyas &
Bhalwal for the appellant.
CORAM : R.M.LODHA & S.A.BOBDE,JJ.
DATE : DECEMBER 6, 2006.
P.C.
We heard Mr.Pankaj Savant, the counsel for the
appellant, and perused the impugned order.
2. In our opinion, the appeal is wholly frivolous. The
counsel does not dispute that by the impugned order, no
award of the claims rejected by the arbitral Tribunal has
been granted. If that be so, where is the occasion for
the appellant to file the appeal against the impugned
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order?
3. Appeal is, accordingly, dismissed in limine.
R.M. LODHA, J.
S.A. BOBDE, J.
1 issue framed by the court
Whether the appellant had a right of appeal since no award was granted by the lower court.
Oil and Natural Gas Corporation Ltd.
M/s.Project Engineers
R.M. LODHA
S.A. BOBDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court