The Indian Supreme Court has dismissed the appeal of BOC India Ltd against the judgment of the Calcutta High Court, in its dispute with Bhagwati Oxygen Ltd.
The case arose after BOC and Nippon Sansa KK entered into an agreement to facilitate Bhagwati to import components for setting up a 25-tonne a day oxygen plant in Ghatsila, Jharkhand. Soon after Bhagwati placed orders with BOC for Rs 4.62 crore ($1m) worth of supplies.
The payment was made but an arbitration dispute was raised between the two, with Bhagwati demanding a refund, amongst other things. The arbitrator had agreed with around half of the claims and BOC then appealed. The High Court dismissed BOC’s challenge to the award and the Supreme Court has agreed.
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