9911796707
TMI Blog2012 (4) TMI 737X X X X Extracts X X X X X X X X Extracts X X X X ..... herein was made after the period provided for in the agreement for making an award expired and thus after the mandate of the arbitrator had come to an end. An agreement of dealership was entered into between the appellant and the respondent-Hindustan Petroleum Corporation for allotment of a petrol/diesel distributorship to the appellant. On December 11, 2002 the agreement was terminated by the respondent on the ground of alleged irregularities committed by the Appellant. The Appellant challenged the order of termination initially by way of a Writ Petition. The Writ Petition was disposed of on the ground that Arbitration proceedings are available to the appellant for redressal of his grievance. On July 21, 2005 arbitrator was appointed and o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... months was over considering the law laid down in the case of N.B.C.C. Ltd. v. J.G. Engineering Pvt. Ltd. reported in AIR 2010 SC 640, r.w. section 15 of the Arbitration and Conciliation Act, there was no other alternative but to set aside the award on the ground that it was made after the mandate of the arbitrator had come to an end by efflux of time provided under the agreement between the parties. The respondent is thus in appeal before us. 4. We have heard the learned Counsels appearing for both the sides. Learned counsel for the Appellant has urged that contention that the award was made after the period provided under the agreement, was not specifically raised by the respondent in the Arbitration Petition before the learned single J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant has no case and the documents on record would show that the respondent had breached terms of the agreement. In short, the argument of the learned Counsel for the respondent is that even otherwise, appellant does not have good case on merits and thus appeal be dismissed. 5. It is an admitted position that award was passed after the period provided for in the agreement was over. The award was passed on April 10, 2008 after the period specified in the agreement both initial and extendable for making the award was over. However, to our mind the Judgment of the Apex Court in the case of N.B.C.C Ltd., (supra) relied upon by the learned single Judge does not lay down an absolute proposition that moment the award is made after the stipulate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not necessarily directly proportional to the number of meetings attended and it is the nature of meeting and nature of conduct which is important. The learned Judge has held that the conduct should be such that the waiver can be clearly inferred. 7. In the case at hand after the period stipulated of six months was over on November 3, 2006, the respondent made further submission in the arbitration proceedings on December 14, 2006. The respondent made further submissions on December 21, 2006. On March 3, 2007 the period of four months thereafter expired. Thereafter on March 12, 2007 both the parties therein submitted their Written Statement. In the written submission, the respondent did not contend that the mandate of arbitrator had co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law and is liable to be set aside on the following amongst other grounds, which are set out without prejudice to one another . 9. This ground is a omnibus contention taken in the Petition. This ground does not specifically challenge the arbitration award on the ground that same was made after the mandate of arbitration had come to an end. The omission to take a specific contention in the Arbitration Petition coupled with the conduct of the respondents in continuing to make the submissions after the period in the agreement had come to an end clearly goes to show that the respondent had waived this stipulation. 10. Since the learned single Judge allowed the Arbitration Appeal only on the short ground of jurisdiction of the arbitrator w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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