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2022 (3) TMI 687 - SUPREME COURTSeeking a fresh appointment of Arbitrator - Section 33 of the Arbitration and Conciliation Act, 1996 - HELD THAT:- Paragraph 160 of the award cannot be read in isolation. It was a part of the award dealing with the “Application for amendment of counter claim” filed by respondent-ECL. The award carried the subtitle before paragraph 157. Paragraph 160 contains mere submissions advanced on behalf of the appellant/claimant. MECON report was called with respect to the amendment of the counter claim regarding expenses required for putting the plant into running condition. After deliberating upon the said amendment, at the end of paragraph 161, the conclusion was that the application for amendment stood dismissed. The MECON report and the M/s AKB Power Consultants Pvt. Ltd. report, both related to the expenses sought to be incurred in bringing back the plant into running condition. Parties had filed their objections to both the reports as there was substantial difference in the figures indicated in the two reports. But once the Arbitrator found that the amendment in the Counterclaim itself was not relevant for the adjudication, there was no question of proceeding any further in inviting evidence etc. with respect to the reports - The submission is based upon the misreading and misrepresentation of the said paragraph, in isolation bereft of preceding and succeeding paragraphs. The same is accordingly rejected. The application deserves to be rejected and is accordingly rejected.
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