OLEX FOCES PRIVATE LIMITED Vs. SKODAEXPORT COMPANY LIMITED

JUDGEMENT

(1.) Appellant's application OMP 232 of 1997 filed under Section 9 of Arbitration and Conciliation Act, 1996 stands dismissed vide order dated 5/11/1999. Aggrieved of this, they have filed this appeal to assail the dismissal order.

(2.) Appellants are an Australian Company while respondent No.1 is a Czech Company and respondent No.2 a Government of India Company. It appears that appellants and respondent No.1 entered into a contract for execution of Kandla Bhatinda pipeline Project which was to supply refined petroleum products to northwestern regions in India. Pursuant thereto they are said to have undertaken execution of the project. While this execution was on respondent, No.1 and 2, entered a separate agreement whereby respondent No.1 agreed to handover the pipeline to respondent No.2 in four separate phases, which was later handed over.

(3.) Meanwhile disputes arose between appellants on the one hand and respondent No.1 on the other. Appellants filed two separate notices requesting for arbitration against respondent No.1 with the International Court of Arbitration of the ICC. These notices were challenged by respondent No.1 in AA Nos.74/96 and 75/96, before this court which were later dismissed as withdrawn.