S.RAVINDRA BHAT, DEEPA SHARMA
THYSSEN KRUPP MATERIALS AG – Appellant
Versus
STEEL AUTHORITY OF INDIA – Respondent
S. RAVINDRA BHAT, J.
1. Thyssen Krupp Materials, AG, the appellant (hereafter “Thyssen”) is aggrieved by an order of a learned single judge, dated 10.01.2002 by which Suit no. 352A/1998 (hereinafter referred to as the “suit”) for enforcement of an arbitral award, was rejected. The impugned judgment completely set aside the arbitral award; therefore, this appeal under Section 39 of the (old) Arbitration Act 1940 (“the Act”), read with Section 10 of the Delhi High Court Act.
2. Thyssen was previously known as TSU Thyssen Stahlunion GmbH and is registered under the provisions of laws of Germany. Thyssen is acting through its Constituted Power of Attorney, Mr. D.K. Jain. The Respondent - Steel Authority of India (hereinafter referred to as “SAIL”) is a central public sector company incorporated under the Companies Act, 1956.
3. Briefly, the facts are that Thyssen contracted, with SAIL by agreement dated 04.03.1994 (hereafter “the agreement”) to purchase 10,000 MT, plus-minus 5%, Prime Cold Rolled Mil Steel Sheets in coils (hereinafter “CRC”) in terms of specifications given in Annexure 1 to the agreement. Thereafter, Thyssen contracted to purchase an additional 10,000 MT of CRC
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