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september 2014

Supreme Court of India · 2014-09-22

SWAN GOLD MINING LTD. vs HINDUSTAN COPPER LTD.

Citation / case number
SC 2013/2103
Court
Supreme Court of India
Petitioner
SWAN GOLD MINING LTD.
Respondent
HINDUSTAN COPPER LTD.
Author
M.Y. Eqbal
Bench
PINAKI CHANDRA GHOSE M.Y. EQBAL

Judgment text excerpt

The Supreme Court upheld the decision of the Calcutta High Court, affirming the dismissal of the appellant's petition under Section 34 of the Arbitration and Conciliation Act, which challenged the arbitrator's award. The Court found that the arbitrator correctly determined that the appellant's price bid was not exclusive of applicable taxes, as the relevant clause had been deleted prior to the execution of the contract. The Court held that the terms of the Notice Inviting Tender (NIT) and the Work Order were consistent, thereby validating the arbitrator's findings and the High Court's ruling.

SWAN GOLD MINING LTD. vs HINDUSTAN COPPER LTD. · Niyam