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2003 Supreme(Bom) 329

A.P.SHAH, D.K.DESHMUKH
Oil & Natural Gas Corporation Ltd – Appellant
Versus
Comex Services SA – Respondent


JUDGMENT - SHAH A.P., J.:---This appeal is directed against the order of the learned Single Judge dismissing the petition under sections 30 and 33 of the Arbitration Act, 1940 for setting aside the Award passed by the learned Umpire Mr. Justice D.Y. Chandrachud (retired C.J.I.) short facts concerning the Award in question may be stated as follows:

By a telex dated 6-6-1988, the appellant placed order on the respondent for design engineering, fabrication, supply and installation and testing and commissioning of pipelines for the D-18 field. The telex set out the terms and conditions of the contract between the parties. Clause (1) of the telex referred to technical specifications and scope of work. These had to be "as per the tender document and as clarified through exchange of various telexes and letters". Clause 2 of the telex called "delivery schedule" provided that the complete scope of the work to be completed by end of October 1988. The price payable for the total work was FF 2,65,40,000. One of the important terms of the contract was that 10% of the contract value would be paid to the respondent on their opening the letter of credit on their vendor for the supply of pipe again


























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