HINDUSTAN COPPER LIMITED Vs. TTG INDUSTRIES LIMITED

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against an order dated 17th August, 2009 passed by the learned Additional District Judge, Eighth Court at Alipore in Misc. Appeal No. 91 of 2004 by which the petitioner's appeal under Section 37(2) of the Arbitration and Conciliation Act of 1996 was rejected on contest. The petitioner is aggrieved by the said order. Hence the petitioner has come before this Court with this application under Article 227 of the Constitution of India.

(2.) Heard Mr. Basu Chowdhury, learned Advocate, appearing for the petitioner and Mr. Ghosh, learned Advocate, appearing for the opposite party. Considered the materials on record including the order impugned.

(3.) Let me now consider as to how far the learned Appeal Court was justified in passing the impugned order in the facts of the instant case. Admittedly the dispute between the petitioners and the opposite party No.1 is covered by an arbitration agreement which provides for settlement of the dispute arising out of their contract as per Clause 3.67 of the agreement which runs as follows: