NATIONAL IRANIAN TANKER COMPANY vs BHARAT PETROLEUM CORPORATION LTD.

901.CARBP.1050.2018 - FINAL.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.1050 OF 2018 National Iranian Tanker Company ….Petitioner Versus Bharat Petroleum Corporation Ltd. ....Respondent Mr. Dhruva Gandhi a/w. Mr. Naishadh Bhatia & Mr. Heetkumar Vachhani i/b. Crawford Bayley & Co., Advocates for Petitioner. Mr. Pankaj Sawant, Senior Advocate for Respondent. CORAM: SOMASEKHAR SUNDARESAN, J. DATE : OCTOBER 08, 2025 ORAL JUDGEMENT : Context and Factual Background: 1. This is a Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) challenging an Award dated February 5, 2018 passed by a Learned Arbitral Tribunal (“Impugned Award”). The Impugned Award is essentially a majority award, with one of three arbitrators dissenting. 2. The short question that would be dispositive of this Petition 3. The claims relate to demurrage, said to have been suffered and charged by NITC on BPCL in respect of a Time Charterparty relating to a vessel MT Sima (“Vessel”), which was chartered by BPCL on July 5, 2010. The Vessel was loaded at Keoje Terminal, South Korea and was meant to discharge the car