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CASE NO.: Arbitration Petition  2 of 2006

PETITIONER: SEDCO FOREX INTERNATIONAL DRILLING INC

RESPONDENT: THE OIL & NATURAL GAS CORPORATION LTD

DATE OF JUDGMENT: 20/04/2006

BENCH: S.H. KAPADIA

JUDGMENT: JUDGMENT

O R D E R

       Heard learned counsel on both sides.

The facts of this matter are identical to the  facts in Arbitration Petition No.1 of 2006 except for  the date of contract and the amount.  Therefore, it  is not necessary for me to reiterate the facts.

Suffice it to state, that the application under  section 11(4) of the Arbitration & Conciliation Act,  1996 preferred by the applicant is maintainable.  It  is not pre-mature, as contended on behalf of the  ONGC.  In the circumstances, Hon’ble Mrs. Justice  Sujata V. Manohar (retired) and Hon’ble Mr. Justice  V. N. Khare (former CJI) are appointed as  Arbitrators to decide all disputes and differences  between the parties.  The two arbitrators shall  appoint an umpire in terms of clause 28.0 of the  contract.

       Learned arbitrators may fix their own terms  and conditions as to their remuneration.

       As far as fixing of date of hearing is concerned,  liberty is given to the parties to approach the  arbitrators, who will decide the due date according  to their convenience.

       The arbitration petition is accordingly disposed  of.