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1997 Supreme(Cal) 238

N.K.Mitra, Asish Baran Mukherjee
Burn Standard Co. Ltd. – Appellant
Versus
Mc. Dermott International Inc. – Respondent


Advocates:
Advocate Appeared:
R.M. Chatterjee for the petitioner;
Bhaskar Gupta, Abhijit Chatterjee, Tilak Basu for the respondents.

JUDGMENT

N.K. Mitra, J.

The petitioner Company filed an application under Ss. 5, 11, 12, 33 and 41 of the Arbitration Act in the Original Side of this Hon'ble Court being A.P. N. 121 of 1996 praying inter alia, for the following reliefs :

"(A) Leave be given to revoke the authority of respondents 2, 3 and 4 to act as arbitrators in the Case No. 6394/BGD;

(B) The arbitrators being respondents 2, 3 and 4 be removed;

(C) Further arbitration proceedings before the respondents 2, 3 and 5 be suspended;

(D) Determination of the scope and effect of the agreement for arbitration dated 25th September, 1984 with its addendum dated 29th December, 1984 more particularly with reference to the SICA, Sick Industrial Companies (Special Provisions) Act, 1985 as amended and appropriate directions upon the respondents 2, 3, 4 and 5 with regard to the suspension of the proceedings in view of the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 as amended by the Sick Industrial Companies (Special Provisions) (Amendment) Act, 1993;

(E) Stay of further proceedings in the arbitration;

(F) Injunction restraining the respondents from further proceedings with the arbitration;

(G) Ad-interim o






























































































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