respondent for design, Engineering, Supply, Erection, Commissioning and test
run of two ship unloaders and the contract was entered on 18.08.2018. On the
same
Radiant Engineering. Petitioners in Crl.O.P.No.27268 of 2017 are the
employees of sole Proprietorship concern, viz., Radiant Engineering. Petitioner ... contract to SIEMENS Limited/fourth accused/petitioner in
Crl.O.P.No.20845 of 2017. SIEMENS in turn gave sub contract to Radiant
Engineering
Radiant Engineering. Petitioners in Crl.O.P.No.27268 of 2017 are the
employees of sole Proprietorship concern, viz., Radiant Engineering. Petitioner ... contract to SIEMENS Limited/fourth accused/petitioner in
Crl.O.P.No.20845 of 2017. SIEMENS in turn gave sub contract to Radiant
Engineering
Radiant Engineering. Petitioners in Crl.O.P.No.27268 of 2017 are the
employees of sole Proprietorship concern, viz., Radiant Engineering. Petitioner ... contract to SIEMENS Limited/fourth accused/petitioner
in Crl.O.P.No.20845 of 2017. SIEMENS in turn gave sub contract to Radiant
Engineering
cannot be said that there is
no concluded contract between the parties. When the contract contained the
Arbitration Clause that itself suffice for referring ... mentioned in the Contract, the rest of the terms were to be the same as were
incorporated in the Standard Contract, which was supplied along
State of Kerala and another reported in
[1975] 2 SCC 236
Ssangayong Engineering Vs. NHAI reported in [2019] 15
SCC 131
Delhi Airport Metro Express ... sequences between Key
Dates as per the appendix 2B of the contract to arrive at the time of completion.
The learned arbitral tribunal infact
State of Kerala and another reported in
[1975] 2 SCC 236
Ssangayong Engineering Vs. NHAI reported in [2019] 15
SCC 131
Delhi Airport Metro Express ... sequences between Key
Dates as per the appendix 2B of the contract to arrive at the time of completion.
The learned arbitral tribunal infact
respect of a defined legal relationship, whether contractual or not. The
contract governing the parties play vital role in referring the dispute. Clause ... Apex Court in United India
Insurance Company Ltd., and Another vs. Hyundai Engineering and
Construction Company Limited and Others [( 2018) 17 SCC 607] and Oriental
Garware case ( Garware
Wall Ropes Limited Vs. Coastal Marine
Constructions and Engineering Limited reported
in (2019) 9 SCC 209). The most relevant and
instructive paragraph ... When an arbitration clause is
contained “in a contract”, it is significant
that the agreement only becomes a
contract if it is enforceable
first respondent. Hence it is the contention that as per the contract
entered into between the parties, only as per the instructions and
drawings ... arbitrator has not considered all these
facts and had re-written the contract.
15. Similarly, it is the contention that the construction of the
fourth