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april 2005

Supreme Court of India · 2005-04-05

Bhagawati Oxygen Ltd vs Hindustan Coper Ltd

Citation / case number
AIR 2005 SUPREME COURT 2071
Court
Supreme Court of India
Petitioner
Bhagawati Oxygen Ltd
Respondent
Hindustan Coper Ltd
Author
C.K. Thakker
Bench
Ruma Pal, C.K. Thakker

Judgment text excerpt

The Supreme Court upheld the arbitration award under the Arbitration Act, 1940, confirming that Hindustan Copper Limited (HCL) had the right to procure oxygen from alternative sources if Bhagwati Oxygen Limited (BOL) failed to meet contractual obligations regarding supply purity and quantity. The Court emphasized that time was of the essence in the contract, and BOL was liable for any breach, including the obligation to maintain specified purity levels. The judgment reinforced the enforceability of arbitration awards and the contractual terms agreed upon by the parties.

Bhagawati Oxygen Ltd vs Hindustan Coper Ltd · Niyam