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2016 Supreme(Cal) 1068

SOUMEN SEN
TATA STEEL LIMITED – Appellant
Versus
LINDSAY INTERNATIONAL (P) LTD – Respondent


Advocates Appeared:
For the Appellant :Mr. Ratnanko Banerjee, Sr. Advocate, Mr. Lokenath Chatterjee, Mr. Joydeb Ghorai and Mr. Saugata Banerjee, Advocates
For the Respondent:Mr. Surajit Nath Mitra, Sr. Advocate, Mr. Arindam Mukherjee and Mr. Deepak Kumar Jain, Advocates

JUDGMENT :

Soumen Sen, J.

The respondent is the award holder.

2. The petitioner has filed an application being G.A. No.3904 of 2015 for stay of operation of an award passed on 25th August, 2015. The petitioner has also filed an application being A.P. No.1734 of 2015 for setting aside of the said award.

3. The dispute between the parties arose out of an agreement dated 8th January, 2003, under which the petitioner was to manufacture and supply goods as stated in the agreement for a total consideration of Rs.1,22,00,000/-. The goods to be supplied under the agreement, inter alia, included one Pipe End Facing and Chamfering Machine Model No. EFM-4(L)-Single Tube along with maintenance, insurance, spares and consumables for the said machine; Single Pipe Hydro Tester Model No. HP-4(L) and maintenance, insurance and spares for the single pipe hydro tester model. The agreement also included charges for supervision of erection, adjustment and commissioning by the petitioner.

4. This agreement was made to satisfy the respondent's obligation for export of Kazakstan for utilization at Ispat Karmet, Kazakstan in their pipe plant.

5. The petitioner alleged to have supplied the goods and performed the


















































































































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