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TMI Blog2001 (7) TMI 1232X X X X Extracts X X X X X X X X Extracts X X X X ..... n various grounds. However, at the hearing of the petitions the challenge to the award is basically on two grounds : (1) that the arbitrators have misconstrued the provisions of clause 12A of the Contract and consequently awarded moneys beyond the term of the contract and (2) No interest for the period before the filing of the statement of claim i.e., 3-2-1995 by Geological Technologies Ltd., could have been granted as they had made no demand for interest. 2.1 Geological Technologies Ltd., in their petition have also challenged the award and at the hearing their learned Counsel contends that the Arbitral Tribunal failed to exercise jurisdiction in not awarding the claim in respect of the increased payment in BGD Rupee terms in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. Another argument sought to be advanced is that the delay was on account of Geological Technologies Ltd. and as such ONGC would not be responsible was also rejected. After considering the various factors by a detailed reasoning they have awarded a sum of Rs. 27,12,180 on the ground of larger quantum of customs duty in rupee terms that GTL was required to pay. It cannot be said that the view taken by the leaned arbitrators was a view impossible of being taken or did not fall within clause 12.8. The learned arbitrators after considering the material on record and the clause have recorded their finding. It cannot be said that this finding is contrary to the terms of clause 12.8. In these circumstances the first contention is rejected. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee that GTL had to pay in respect of rental and manday charges. GTL sought to claim it. It is contended on behalf of ONGC relying on the judgment of the Apex Court in the case of Santokh Singh Arora v. Union of India AIR 1992 SC 1809 that the learned arbitrators were right in rejecting the said claim as these were not claims of which reference had been made to arbitration. The learned arbitrators themselves in the award have given a finding that the claim regarding increased compensation in rupee terms in respect of rental and manday charges was never the subject matter of any difference or dispute or question between GTL and ONGC and that the only dispute which was referred to arbitration was in respect of customs duty. The learned a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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