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2024 Supreme(Cal) 124

MOUSHUMI BHATTACHARYA
SRMB Srijan Limited – Appellant
Versus
Great Eastern Energy Corporation Limited – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jishnu Saha, Sr. Adv., Mr. Sakya Sen, Mr. Arnab Das, Mr. Amritam Mandal, Ms. Akansha Yadav, Ms. Syeda Romana Sultan.
For the Respondent: Mr. Ratnanko Banerji, Sr. Adv., Mr. Sarvapriya Mukherjee, Mr. Kanishk Kejriwal, Mr. Shounak Mitra, Mr. Kaushik Chakravortty.

JUDGMENT :

Moushumi Bhattacharya, J.

1. The petitioner/award-debtor seeks unconditional stay of an Arbitral Award dated 21.6.2022 under the second proviso to section 36(3) of The Arbitration and Conciliation Act, 1996.

2. The respondent invoked arbitration proceedings after the petitioner terminated the contract, seeking specific performance of the Gas Supply and the Purchase Agreement (GSPA) and damages. The Arbitral Tribunal held the termination of the GSPA to be wrongful and illegal and awarded a sum of Rs.58,50,45,169/- to the respondent along with damages. The respondent presently claims an amount of Rs.101,39,93,149/- as the outstanding amount due to the respondent/award-holder.

3. The petitioner prays for unconditional stay on the ground that the Arbitration Agreement was induced by fraud.

4. Learned counsel appearing for the petitioner/award-debtor makes the argument under 2 heads, namely, that the Agreement dated 11.5.2011 was executed in violation of the order passed by the Petroleum and Natural Gas Regulatory Board (PNGRB) and an order dated 25.3.2011 passed by the Delhi High Court. Counsel submits that any act done in violation of order of Court is non est. The second argume

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