(1.) This appeal carries a challenge to the judgment and order dated 07,11.2001, passed by the learned District Judge, Golaghat in Misc. Arbitration Case No. 01 of 2001, setting aside the arbitral award dated 23.09.2000, in Case No. 9644/OLG/ ESR/TE, awarding inter alia an amount of Rs. 29.76 crores, in favour of the appellant together with interest, pendentlite and post award, at the rates recorded therein.
(2.) We have heard Mr AK Ganguly and Mr. GN Sahewalla Senior Advocates, assisted by Mr. A Sagar, D Rahul Roy, D Sertapati and Md. Aslam Advocates for the Appellant and Mr, SS Roy, Mr. G Chakraborty and Mr H Roy, Senior Advocates assisted by Mr. K. Goswami and Ms, P Khrimey Advocates for the Respondent.
(3.) The prefatory facts in brief would have to be stated. The appellant, Daelim Industrial Company (hereinafter for short as 'DIC'), is a Company incorporated in Seoul, Korea, having its registered office there. The respondent Numaligarh Refinery Limited (hereinafter for short as 'NRL') is a Gov. of India undertaking incorporated under the Indian Companies Act. 1956, having its registered office at Guwahati, in the State of Assam, India. It, through its consultant Engineers India Limited (hereinafter for short as 'EIL'), also a Govt. of India undertaking on 22.11.1993 invited global quotations for building of a Cogeneration Captive Power Plant for its Petroleum Refinery at Numaligarh in Assam, India. Daelim Engineering Company Limited, a Company incorporated in Seoul, Korea together with its consortium partner Turbotecnica SPA of Italy, contested the global bid and following the scrutiny on their bids and negotiation on 24.11.1994, the NRL by its Fax of Intent dated 31.01.1995, awarded the work to DEC. Three contract agreements were thereafter signed between NRL and DEC and Turbotecnica, the particulars whereof, are as follows: - i) Contract dated 11.04.1995 for Overseas supplies and services with price consideration of US $ 14,400,000 and Deutsche Marc (DM) 22,990,000. ii) Contract dated 11.04,1995 for Indigenous supplies and services with price con- sideration of Rs. 681,000,000/-, iii) Consolidated contract dated 12.04.1995 integrating the aforementioned two contracts.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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