Title: M/S. Power Mech Projects Limited vs M/S. Bharat Heavy Electricals.
Decided on: 17 October, 2023
Writ C No. – AP 444 of 2023 And AP 449 of 2023.
CORAM: Hon’ble Justice Moushumi Bhattacharya
. INTRODUCTION
Two arbitration petitions involving in Power Mech Projects Limited and Bharat Heavy Electricals Limited (BHEL) in a contractual dispute are the subject of this case in the Calcutta High Court. Specifically in the Ordinary Original Civil Jurisdiction, Commercial Division. Based on the provisions of the Indian Stamp Act and proviso (c) to section 35, the court rejected BHEL’s request for additional stamping on a number of documents.The incorporation of the arbitration agreement by reference was contested by BHEL. The court emphasized the parties’ intentions as well as earlier decisions, ultimately confirming the arbitration agreement’s legal incorporation. appointing a sole arbitrator to settle the disputes.
FACTS OF THE CASE
In this case, a contract dispute between Power Mech Projects Limited and Bharat Heavy Electricals Limited (BHEL) gave rise to two arbitration petitions. The stamping and incorporation of the arbitration agreement was the subject of BHEL’s objections, which were overruled. To resolve the disagreements, the court designated a Sole Arbitrator.
COURTS ANALYSIS AND DECISION
Regarding document stamping and the incorporation of the arbitration agreement, the court overruled BHEL’s objections. To resolve the conflicts in favor of the petitioner, M/s. Power Mech Projects Limited, a Sole Arbitrator was chosen.
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Written by- Kusuma R
