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1997 Supreme(SC) 1587

S. P. BHARUCHA, J. S. VERMA, SUHAS C. SEN
Sumitomo Heavy Industries – Appellant
Versus
Ongc LTD. – Respondent


JUDGMENT

Bharucha, J.-This appeal by special leave assails the correctness of the judgment and order of a learned single Judge of the High Court at Bombay. By the judgment and order the petition of the first respondent for the issuance of a direction to the second respondent to file the award that he had made as the umpire in arbitration proceedings between the appellant and the first respondent in that court was allowed.

2. Briefly stated, these are the facts relevant to the issue in the appeal:

The appellant and the first respondent entered into a contract on 7th September, 1983, whereunder the appellant agreed to install and commission on turnkey basis an oil platform at Bombay High, about 100 miles north-west of Bombay. The contract stipulated the following:

"17.0. Laws/Arbitration

17.1. Applicable Laws

All questions disputes or differences arising under, out of or in connection with this Contract shall be subject to the laws of India.

17.2. Arbitration

If any dispute, difference or question shall at any time hereafter arise between the parties hereto or their respective representatives or assigns in respect of the construction of these presents or concern




























































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