Judgment

C.K. Thakker, J.—Leave granted.

2. All these appeals arise out of common judgment and order passed by the Division Bench of the High Court of Calcutta in APOT Nos. 721 of 2002 and 736 of 2002 on July 03, 2003 by which the Division Bench confirmed the order passed by learned single Judge on July 24, 2002 in A.P.No. 369 of 2002. That A.P. was filed by Hindustan Copper Limited against Arbitration award passed by Justice L.M. Ghosh (Retd.) on September 25, 2000, under the Arbitration Act, 1940 (hereinafter referred to as ‘the Act’).

3. To appreciate the controversy raised in the present appeals, relevant facts may be stated in brief. On March 10, 1988, Hindustan Copper Limited (‘HCL’ for short) invited tender for supply of oxygen for its plant at Ghatsila. The tender contained a condition that successful bidder will set up an oxygen plant in the vicinity of HCL. The tender of Bhagwati Oxygen Limited (‘BOL’ for short) was accepted and an agreement had been entered into between HCL and BOL on March 17/April 14, 1990. It was for a period of seven years from the date of commencement of supply of oxygen. The agreement stated that the supplier i.e. BOL will at its own cost install, ope