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2002 Supreme(Bom) 131

D.K.DESHMUKH
Jindal Drugs Ltd. – Appellant
Versus
Noy Vallesina Engineering SpA and others – Respondent


JUDGMENT - D.K. DESHMUKH, J.:---By this petition, the petitioner is challenging the Award dated 1st February, 2000. The facts that are material and relevant for considering this petition are that the petitioner is a company incorporated in India. The 1st respondent is a company incorporated under the Laws of Italy. The petitioner on 30th January, 1995 entered into four related agreements with Enco Engineering Chur AG of Sagenstrasse, which is a company incorporated under the Laws of Switzerland. These four agreements are known as the 'Engineering Contract for Ascorbic Acid Plant (ECAAP)', 'Supply Contract for Ascorbic Acid Plant (SCAAP)', 'Service Agreement for Ascorbic Acid Plant (SAAP)', and 'Licence Agreement for Ascorbic Acid Plant (LAAAP)'. By these agreements, Enco agreed to supply to the petitioner their secret knowledge and know-how for the production of ascorbic acid to enable the petitioner to build a new ascorbic acid plant in India. On 1st March, 1995, the petitioner, Enco and the respondent No. 1-Noy Vallesina Engineering SpA entered into a tripartite Transfer Agreement whereby pursuant to Article 12.1, the ECAAP was assigned to respondent No. 1-Noy and Enco was releas


















































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