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2000 Supreme(Bom) 916

F.I.REBELLO
Hindustan Petroleum Corporation Ltd – Appellant
Versus
Batliboi Environmental Engineers Ltd. and another – Respondent


Judgment

F.I. REBELLO, J.:---Petitioners have approached this Court to quash and set aside the award dated 23rd March, 1999. Whilst answering the challenges to the award an important issue to be decided is the meaning of the expression "the arbitral award is in conflict with the public policy of India" under the Arbitration Conciliation Act, 1996.

2. Some relevant facts may be set out. The petitioners had invited tenders for construction of Sewage Water Reclamation Plant on turn key basis by tender enquiry dated 20th March, 1991. The respondents tender was accepted vide Purchase Order dated 27th February, 1992. Clause 22 of the purchase order is the Arbitral clause. The clause reads as under :---

"All disputes or differences arising, which shall at any time arise between the parties hereto touching or concerning the works or the execution or maintenance thereof or to the rights or construction making operation or effect thereof or to the rights or liabilities of the parties or arising out of or in relation thereto whether during or after completion of the contract or whether before or after determination or closure of the breach of the Contract (other than those in respect of which















































































































































































































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