M/S Pawan Hans Helicopters Ltd vs M/S Maritime Energy Heli Air … on 1 March, 2017

1. M/s Pawan Hans Helicopters Limited (hereafter ‘PHHL’) has filed the
present petition under Section 34 of the Arbitration and Conciliation Act,
1996 (hereafter ‘the Act’) challenging the arbitral award dated 24.02.2016
(hereafter ‘the impugned award’) made by the sole arbitrator in connection
with the disputes between PHHL and M/s Maritime Energy Heli Air
Services Pvt. Ltd. (hereafter ‘Maritime’).

2. The impugned award is rendered in the context of the disputes that
had arisen between PHHL and Maritime in connection with an Agreement
for Wet lease of amphibian aircraft which was to be deployed in Andaman
& Nicobar Islands. There was a delay in delivery of the amphibian aircraft
and consequently PHHL had levied liquidated damages. The Agreement
between the parties was also prematurely terminated. The arbitrator accepted

O.M.P. (COMM) 281/2016 Page 1 of 14
Maritime’s claim for refund of the liquidated damages collected by PHHL
and also awarded damages for premature termination of the Agreement. The
counter claims made by PHHL were rejected. The only challenge made by
PHHL in these proceedings is in respect of refund of liquidated damages and
the award of damages for premature termination of the Agreement.

Source: Indian Kanoon

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