The Delhi High Court has refused to interfere with an arbitral award, which directed GAIL to pay over USD 7 million to Jindal Saw Ltd. On October 29, a bench of Justices Visbhu Bakhru and Sachin Datta dismissed GAIL’s appeal against a single judge’s decision upholding the award, saying that it was “unmerited”.
The dispute in the matter pertained to delayed delivery of pipes by SAW Pipes Ltd, now Jindal Saw Ltd, to Gas Authority of India Ltd (GAIL).
The Arbitral Tribunal, passed in December 2002 and then amended in March 2003, had held that GAIL was responsible for the delay by not taking the delivery of the goods and therefore allowed the claims filed by SAW Pipes Ltd.
It had further said that GAIL was not entitled to reduce the price payable for the pipes on account of delay on the part of SAW Pipes and awarded the latter a sum of USD 7,230,378.23, along with interest and costs.
Jindal Saw Limited was represented by law firm S&A Law Offices and its senior partner Vijay K Singh and Principal Associate Shruti Manchanda.
The single judge upheld the award in November 2010 after GAIL challenged it in terms of the Arbitration Act.
