USHA MARTIN LIMITED Vs. EASTERN GASES LIMITED

JUDGEMENT

(1.) Usha Martin Limited (hereinafter referred to as the "petitioner/award debtor") has filed this application being AP 486/2017 under Sec. 34 of Arbitration and Conciliation Act, 1996 before this Court, praying for setting aside of an arbitral award dated February 03, 2017 passed by West Bengal State Micro Small Enterprises Facilitation Council ('WBSMSEFC' or 'Council') on February 3, 2017, in favor of Eastern Gases Limited (hereinafter referred to as the "respondent/award holder"). The award holder has filed an execution application being EC 330/2017 under Sec. 36 of Arbitration and Conciliation Act, 1996 before this Court, praying for execution of the said arbitral award. In both the matters, multiple interlocutory applications have been filed by the parties.

(2.) The following are the facts of the matter are as follows:

(3.) Mr. Rudraman Bhattacharya, counsel appearing on behalf of the award debtor has made the following submissions: