M/S. Anrak Aluminum Limited, vs Snclavalin Engineering India Pvt ...
2021 Latest Caselaw 1314 Tel

Item No.1

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                  AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                        C.M.A.No.779 of 2019

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.    The present appeal has been filed under Section 37 of the

Arbitration and Conciliation Act, 1996 (for short 'the Act') assailing

an order dated 24.07.2019 passed by the learned Arbitral Tribunal in a

dispute between the appellant/respondent and the respondent

No.1/claimant in the application moved by the appellant.

2. As per the learned counsel for the appellant, he had filed an

application under Section 17(1)(i)(c) of the Act before the Arbitral

Tribunal praying inter alia that an ocular inspection of the appellant's

factory/plant situated at Visakhapatnam, be conduced for better

appreciation of facts and for giving a finality to the adjudication of all

the claims between the parties. The said application has been rejected

by the Arbitral Tribunal with an observation that the same has been

filed belatedly long after arguments were closed in the matter and

orders were reserved for passing the award.

3. We have requested learned counsel for the appellant to indicate

the date on which arguments were closed before the Arbitral Tribunal

and the matter was reserved for the award to be passed. Learned

counsel expresses his inability to furnish a specific date. He,

however, concedes that by the date the application in question moved

by the appellant was taken up by the Arbitral Tribunal, arguments had already been concluded and the matter was reserved for passing of an

award.

4. We see no reason to interfere in the impugned order when,

admittedly, arguments stand concluded in the dispute pending before

the Arbitral Tribunal and the matter stands reserved for passing of the

award. It is too late in the day for the appellant to move such an

application.

5. The present appeal is, accordingly, dismissed in limine as

meritless, along with the pending applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 22.04.2021 Lur/vs