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SHEKHAR B. SARAF
Chairman Board Of Trustees For Shyama Prasad Mookherjee Port Kolkata – Appellant
Versus
Universal Sea Port Private Ltd – Respondent
| Table of Content |
|---|
| 1. definition of parties involved and arbitration background. (Para 1 , 2 , 3) |
| 2. key facts of the tender and award. (Para 4) |
| 3. arbitrator's reasoning and interpretation. (Para 5 , 6) |
| 4. petitioner's key arguments against the award. (Para 8) |
| 5. respondent's arguments supporting the award. (Para 9) |
| 6. key issues identified for resolution. (Para 10 , 38) |
| 7. conclusion on the award's legality. (Para 22 , 36) |
| 8. final decision and order of the court. (Para 40 , 41) |
JUDGMENT :
Shekhar B. Saraf, J.
1. The petitioner in the instant application [being A.P. 288 of 2020] under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as ‘the Act’] is a statutory authority under the Major Ports Trusts Act, 1963. The Board of Trustees for Shyama Prasad Mookerjee Port, Kolkata (earlier known as the Board for the Port of Kolkata), inter alia, carries on the management and administration of the docks and also the lands of such port trust authorities.
2. The respondent is a joint venture company, M/s Universal Seaport Private Limited, incorporated for the purpose of executing a contract for the purpose of supply, operation and maintenance of various cargo handling e
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