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2012 Supreme(Del) 2071

S.MURALIDHAR
HLS ASIA LTD – Appellant
Versus
GEOPETROL INTERNATIONAL INC. – Respondent


Advocates Appeared:
Mr. Amit Gupta, Advocate
Mr. Anuj Berry & Mr. Kamaljeet Singh, Advocates for Respondent No.1. Mr. Anukul Raj, Advocate for Respondent No.2.

ORDER

1. This appeal by HLS Asia Ltd. (‘HAL’) under Section 37 of the Arbitration & Conciliation Act, 1996 (‘Act’) challenges the interim Award dated 29th May 2012 passed by the Arbitral Tribunal (‘Tribunal’) accepting the plea of Respondent No.2/NTPC Ltd. (‘NTPC’) that it be deleted from the arbitral proceedings.

2. The background to the present appeal is that the contract for Wireline Logging Services (‘WLS’) was entered into on 14th July 2009 between HAL and Respondent No.1/M/s. Geopetrol International Inc. (‘GII’). The said contract clearly stated that GII was acting as an Operator of a block in Changlang District, Arunachal Pradesh for and on behalf of a Consortium comprising GII, NTPC (Respondent No.2), Brownstone Ventures Limited (‘BVL’)/ Respondent No.3, a company incorporated in Ontario, Canada and Canoro Resources Limited (‘CRL’)/Respondent No.4, a company having its registered office in Noida, Uttar Pradesh. The preamble clause of the said contract stated as under:-

“This contract is made on 14th day of July, 2009 between M/s. Geopetrol International Inc., a Company organized and existing under the laws of India, having its registered office at Calle 53, Urbanization Obar
































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