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2020 Supreme(Cal) 673

ABHIJIT GANGOPADHYAY, HARISH TANDON
Government of West Bengal – Appellant
Versus
Chatterjee Petrochem (Mauritius) Co. – Respondent


Advocates Appeared:
For the Appellant : Kishore Dutta, Adv. General, Sanjay Ginodia, Jishnu Saha, Manoj Kumar Tiwari and Mayank Mishra, Advs.
For the Respondents: Sidhhartha Mitra, Sr. Adv., Domingo Games, Soumitra Dutta, Arti Bhattacharya, Anindyo Mitra, Saumabho Ghose, Deepan Kumar Sarkar and P. Basu, Advs.

JUDGMENT :

Harish Tandon, J.

1. The judgment and order dated September 20, 2019 passed by the Single Bench in G.A No. 211 of 2017 filed in connection with A.P No. 1046 of 2016 is the subject matter of dispute in the instant appeal. The aforesaid application was filed challenging the Partial Final Award dated September 09, 2016 passed by the International Chambers of Commerce (ICC) in Paris, France u/s. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "said Act").

2. An agreement was entered into on January 12, 2002 for transfer of majority shareholding and control of Haldia Petrochemicals Limited (respondent no. 2) in favour of Chatterjee Petrochem (Mauritius) Co. (respondent no. 1) by the Government of West Bengal (appellant no. 1) and the West Bengal Industrial Development Corporation Limited (appellant no. 2).

3. The said agreement contains an arbitration clause which is adumbrated hereinafter:

    "In respect of all disputes, differences, claims and questions between the parties hereto arising out of this JVA or in any way relating to this document or any term, condition or provision herein mentioned or construction or interpretation thereof as to the wor

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