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2009 Supreme(SC) 1250

TARUN CHATTERJEE, AFTAB ALAM
Union of India – Appellant
Versus
Saraswat Trading Agency – Respondent


Advocates Appeared:
For the Appellant :S. Wasim A. Qadri, Mrs. Anil Katiyar, D.S. Mahra, Advocates.
For the Respondents:H. L. Agrawal, Sr. Adv., Arjun Agrawal, Saurav Agrawal, Ms. Ruby Singh Ahuja, Advocates.

JUDGMENT

Aftab Alam, J.

1. Leave granted.

2. This appeal, at the instance of Union of India, arises from an arbitration award dated September 9, 2000 made in favour of the respondent. The appellant challenged the award before the Calcutta High Court by filing an application under section 34 of the Arbitration and Conciliation Act, 1996. A learned Single Judge of the High Court upheld the challenge substantially and by judgment and order dated November 20, 2001 passed in G.A.No.87/01, arising out of AP No.325/98, sustained the award only on one issue and set it aside on two of the three issues under reference. Against the judgment of the Single Judge the respondent preferred an internal court appeal and the Division Bench of the High Court by its judgment and order dated July 4, 2006 passed in G.A.No.87/01: APOT No.792/01 with APO No.362/01 allowed the appeal, set aside the judgment of the Single Judge and fully restored the arbitrator’s award in favour of the respondent on all the three issues in dispute. Against the judgment of the Division Bench of the High Court the appellant has come in appeal to this Court.

3. The facts of the case are brief and simple and may be stated thus.




















































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