OIL AND NATURAL GAS CORPORATION LTD vs M/S.JINDAL DRILLING AND INDUSTRIES LTD

Judgment text excerpt

Neeta Sawant Appeal-41/2016, 42/2016, 43/2016, 45/2016-FC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 41 OF 2016 IN ARBITRATION PETITION NO. 768 OF 2014 WITH APPEAL NO. 42 OF 2016 IN ARBITRATION PETITION NO. 1045 OF 2014 WITH APPEAL NO. 43 OF 2016 IN ARBITRATION PETITION NO. 767 OF 2014 WITH APPEAL NO. 45 OF 2016 IN ARBITRATION PETITION NO. 587 OF 2014 Oil and Natural Gas Corporation Limited ….Petitioner : Versus : Jindal Drilling and Industries Limited ….Respondent Mr. Pankaj Savant, Senior Advocate with Mr. Nishit Dhruva, Ms. Khushbu Chhajed and Mr. Pulkit Awasthi, i/by. MDP Legal, for the Appellant. Mr. V. R. Dhond, Senior Advocate with Mr. Aseem Chaturvedi, Mr. Ravitej Chilumuri, Mr. Milind Sharma, Ms. Radhika Kulkarni and Ms. Karishma Rao i/by. Khaitan & Co., for the Respondent. Page No.1 of 19 10 July 2025 Neeta Sawant Appeal-41/2016, 42/2016, 43/2016, 45/2016-FC CORAM : ALOK ARADHE, CJ. & SANDEEP V. MARNE, J. Judgment Resd. On : 4 July 2025. Judgment Pron. On : 10 July 2025. JUDGMENT : (Per : Sandeep V. Marne, J.) 1) These Appeals are filed by the Appellant challenging the common judgment and order dated 28 April 2015 passed by the learned Single Judge dismissing Arbitration Petition Nos. 587 of 2014, 767/2014, 768/2014 and 1045/2014 filed under the provisions of Section 34 of the Arbitration and Conciliation Act, 1996 challenging Arbitral Award dated 9 October 2013. 2) Brief facts leading to filing of the Appeals are that, the Oil and Natural Gas Corporation Ltd. (ONGC) floated a tender for charter hire of a Floating Production Storage and Off-loading vessel (FPSO) in October 2005. M/s. Discovery Enterprises Pvt. Ltd. (Discovery) submitted its bid. On 22 March 2006, ONGC awarded the contract in favour of Discovery. P