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S. B. SINHA
Pure Helium India Private LTD. – Appellant
Versus
Oil And Natural Gas Commission – Respondent
JUDGMENT
S.B. Sinha, J.-Whether jurisdiction of an arbitrator to interpret a contract can be subject-matter of an objection under Section 30 of the Arbitration Act, 1940 [hereinafter referred to as the Act , for the sake of brevity) is in question in this appeal which arises out of the judgment and order dated 24.2.2000 of the High Court of Judicature at Bombay in Appeal No. 612 of 1996 arising out of a judgment and order of a learned Single Judge dated 13.10.1995 dismissing the said objection of the respondent.
Background Fact :
2. The parties hereto entered into a contract for supply of Helium Diving Gas pursuant to a notice inviting global tender dated 2.5.1989. In terms of the said notice inviting tender, the respondent herein was to take supply of Helium gas, which is one of the rare gases being not chemically produced and is mainly extracted from the natural gas wells in mineral form. The said gas is ordinarily imported from U.S.A., Alegeria, Poland and Russia. In terms of the said notice inviting tender, three different categories of rates were to be quoted by the tenderers both foreign and Indian. Whereas the foreign tenderers were to quote their prices in foreign currency,
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