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Central Warehousing Corporation vs Bombay Container Terminals Pvt. ... on 19 December, 2013

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delivered on: 19.12.2013

+ FAO (OS) 34/2013 & CM No. 13089/2013

CENTRAL WAREHOUSING CORPORATION .....Appellant

versus

BOMBAY CONTAINER TERMINALS PVT. LTD. .....Respondent Advocates who appeared in this case:

For the Appellant : Mr K. K. Tyagi and Mr Anoop Kumar. For the Respondent : Mr Atul Y. Chitale, Sr. Advocate with Mrs Suchitra A Chitale and Mrs Sanyukta

Mukherjee.

CORAM:-

HON'BLE MR JUSTICE BADAR DURREZ AHMED

HON'BLE MR JUSTICE VIBHU BAKHRU

JUDGMENT

VIBHU BAKHRU, J

1. The appellant has preferred the present appeal impugning the judgment dated 26.09.2012 passed by a learned Single Judge disposing of the objections filed by the respondent under Sections 30 & 33 of the Arbitration Act, 1940 (hereinafter referred to as „the Act‟). The said judgment dated 26.09.2012 is hereinafter referred to as the „impugned judgment‟. The said objections were preferred by the respondent against the final award dated 27.05.2004 (hereinafter referred to as the „impugned award‟) passed by a sole arbitrator in respect of the disputes between the appellant and the respondent which related to a contract dated 21.04.1989

FAO(OS) No.34/2013 Page 1 of 12 (hereinafter referred to as „the subject contract‟). The appellant and the respondent are hereinafter referred to as "CWC" and "BCT" respectively.

2. The subject contract was entered into between CWC and BCT in terms of whic


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