Judgment

Jagdish Singh Khehar, J.

1. In spite of the fact, that notice in this case was issued to the non-applicant, and the non-applicant-Daelim Industrial Company Limited, Korea, was duly served, yet none entered appearance on behalf of the non-applicant. Even though the matter came to be adjourned on some dates, on account of the absence of representation on behalf of the non-applicant, under the belief that some one or the other would enter appearance on its behalf. The hope entertained by this Court was belied, in the sense, that none has entered appearance on behalf of the non-applicant. Since the non-applicant was duly served, this Court is left with no other alternative, but to proceed with the case against the non-applicant, ex-parte.

2. We have heard learned counsel for the applicant.

3. The applicant ONGC Petro Additions Limited (hereinafter referred to as the 'OPaL') issued a notice inviting tenders, on 17.11.2009. By the aforesaid notice, the applicant solicited bids for construction of a dedicated high density Poly Ethylene plant, for its Dahej Petrochemical Complex. The pleadings in the present arbitration petition reveal, that the non-applicant-Daelim Industrial Company