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1989 Supreme(Cal) 453

S.K.SEN
INDIAN OXYGEN LIMITED – Appellant
Versus
NATIONAL OXYGEN LTD – Respondent


S. K. SEN, J.


( 1 ) THE Court : There are two applications, first application by the plaintiff under section 20 of the Arbitration Act and the other by the defendant for taking the petition off the file on the ground that this court has no jurisdiction to entertain the application under section 20 of the Arbitration Act. The facts inter alia leading to the said applications are that on or about July 8, 1985 pursuant to an invitation for quotation for supply and instalation of one number 1553 HR Liquid gaseous Oxygen Plant with high purity nytrogen production facility by the defendant company M/s. National Oxygen Limited, the plaintiff submitted detailed proposal for the said supply and erection of liquid gaseous Oxygen Plant under Quotation No. PD/dmm/p836/802 dated 8. 7. 85 to the defendant No. 1 giving the terms, conditions, prices, period of delivery, terms of payment technical details etc. with further terms about supply of requisite materials in certain cases by the defendant which do not fall within the scope of work of the plaintiff. The said proposal also contained inter alia an arbitration clause which is set out hereinbelow. "in the event of any dispute or difference aris











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