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2017 (2) TMI 1425 - HC - Indian LawsValidity of Arbitral Award - date of limitation - HELD THAT:- The onus to prove that there were any hindrances caused by JSPL on account of which GNCL was prevented from performing its obligations, was on the petitioners. The averments made by petitioners in its suit filed in the Calcutta High Court could not be accepted without GNCL establishing the same. Clearly, JSPL’s claim could not be rejected on the basis of averments made by the petitioners in another proceeding without the petitioners proving the same. The court had found that the arbitrator had passed an award without assigning any reason and without even recording a finding that the respondent therein had suffered a loss - In the present case, a plain reading of the impugned award would indicate that the arbitrator has discussed the pleadings, the evidence led and thereafter made the award indicating detailed reasons for the sums awarded. The present petition is dismissed on account of delay as well as on merits.
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