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1997 Supreme(Del) 938

K.S.GUPTA
WEKCAST STILS LIMITED – Appellant
Versus
CEMENT CORPORATION OF INDIA – Respondent


Advocates Appeared:
S.K.TANEJA, S.S.RANA

K. S. Gupta, J.

( 1 ) CEMENT Corporation of India Limited respondent has filed this application under Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985, alleging that K. C. Sodhia was appointed as sole arbitrator to adjudicate the disputes relating to purchase order No. 4/81/6 (14) /81 -MMO dated June 12,1981 regarding supply of griding media and he gave his award dated June 30,1992 directing the respondent to pay Rs. 1,34,283. 00 within 30 days to the petitioner. On receipt of the notice of filing of the award, respondent filed objections under Sections 30 and33 of the Arbitration Act for setting the aforesaid award. It is alleged that the respondent is a Government Company and was REFERRED TO to BIFR under Section 15 of the Sick Industrial Companies (Special Provisions) Act, 1985. By a latter dated August 8,1996, the Board has declared the respondent a sick company and IFCI has been appointed as operating agency. It is prayed that under Section 22 of the said Act proceedings in this case by stayed. Alongwith the application copy of the said letter dated August 8,1996 has also been filed.

( 2 ) IN the reply petitioner has not denied that the respondent was










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