JUDGMENT

Tarun Chatterjee, J.—Leave granted.

2. This is an appeal from a judgment of a Division Bench of the Calcutta High Court dismissing an appeal which was filed against the judgment of a learned Judge refusing to accept the objection filed by the appellant under Section 30 read with Section 33 of the Arbitration Act, 1940 (hereinafter referred to as the “Act”).

3. The brief facts of this appeal are as follow:

BOC Ltd. being the appellant herein and one Nippon Sansa K.K. (NSKK) entered into an agreement in order to facilitate the respondent to import components for setting up a 25 tons per day Oxygen plant at Ghatsila, Bihar (now in the State of Jharkhand). In the month of April/May 1990 the appellant and the respondent entered into a contract for erection, installation and commission of the aforesaid plant at Ghatsila, Jharkhand. On 5th June 1990 a tripartite meeting between the representatives of the appellant and the respondent and NSKK were held where the letter of intent was signed and purchase orders were issued by the respondent in favour of the appellant. The respondent awarded a turnkey contract on 6th June, 1990 to the appellant for manufacture, supply, erection and comm