SWAN GOLD MINING LTD. Vs. HINDUSTAN COPPER LTD.
LAWS(SC)-2014-9-77
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on
September 22,2014
Swan Gold Mining Ltd.
Appellant
VERSUS
HINDUSTAN COPPER LTD.
Respondents
Cited Judgements :-
STATE OF H.P. AND ORS. VS. SURESH VERMA [LAWS(HPH)-2016-4-64] [REFERRED TO]CHETTINAD INTERNATIONAL COAL TERMINAL PRIVATE LIMITED AND ORS. VS. KAMARAJAR PORT LIMITED AND ORS. [LAWS(MAD)-2015-9-227] [REFERRED TO]
MINISTRY OF YOUTH AFFAIRS VS. SWISS TIMING LTD [LAWS(DLH)-2019-10-231] [REFERRED TO]
SH. RAM KALA VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2017-9-123] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY VS. KISHAN SINGH & CO. PVT. LTD. AND ORS. [LAWS(HPH)-2015-6-94] [REFERRED TO]
THE NHPC LIMITED AND ORS. VS. ORIENTAL ENGINEERS [LAWS(GAU)-2016-4-1] [REFERRED TO]
THE STATE OF ARUNACHAL PRADESH VS. SUBHASH PROJECTS & MARKETING LTD. AND ORS. [LAWS(GAU)-2015-6-61] [REFERRED TO]
NHAI VS. HINDUSTAN CONSTRUCTION CO. LTD. [LAWS(DLH)-2017-9-34] [REFERRED TO]
HDFC BANK LIMITED VS. GANPATRAM [LAWS(RAJ)-2023-4-99] [REFERRED TO]
M/S LANCO AMARKANTAK POWER LTD. VS. SOUTH EASTERN COALFIELDS LIMITED [LAWS(CHH)-2017-11-120] [REFERRED TO]
SMT. PUSHPA DEVI VS. BHARAT PETROLEUM CORPORATION LIMITED [LAWS(ALL)-2018-11-96] [REFERRED TO]
CHAMARIA FASHIONS PVT. LTD. VS. ANIKET BASANT AGRAWAL [LAWS(GJH)-2023-6-446] [REFERRED TO]
CHETTINAD INTERNATIONAL COAL TERMINAL PRIVATE LIMITED VS. KAMARAJAR PORT LIMITED [LAWS(MAD)-2018-3-33] [REFERRED TO]
EXECUTIVE DIRECTOR VS. M/S. Y.R. REDDY ENGINEERS [LAWS(BOM)-2017-4-132] [REFERRED TO]
PRAGYA ELECTRONICS PVT. LTD. VS. COSMO FERRITES LTD. [LAWS(DLH)-2021-6-58] [REFERRED TO]
STATE OF GUJARAT VS. BHAGWATI CONSTRUCTION COMPANY [LAWS(GJH)-2018-10-28] [REFERRED TO]
THE BOARD OF TRUSTEES OF V.O. CHIDAMBARANAR PORT TRUST VS. M/S PSA SOCIAL TERMINALS LIMITED [LAWS(MAD)-2017-11-343] [REFERRED TO]
UBV INFRASTRUCTURE LTD. VS. NATIONAL HIGHWAYS AUTHORITY OF INDIA [LAWS(DLH)-2020-1-172] [REFERRED TO]
ERNST AND YOUNG PRIVATE LIMITED VS. MINISTRY OF YOUTH AFFAIRS AND SPORTS, GOVERNMENT OF INDIA AND ANOTHER [LAWS(DLH)-2018-3-470] [REFERRED TO]
UNION OF INDIA VS. SARAVANA CONSTRUCTIONS PVT LTD [LAWS(MAD)-2019-6-117] [REFERRED TO]
UNION OF INDIA VS. MD. JOBER ALI [LAWS(ORI)-2016-7-109] [REFERRED TO]
MESCO KALINGA STEELS LTD. VS. BIJAYA KUMAR MOHAPATRA [LAWS(ORI)-2016-4-11] [REFERRED TO]
S. MALLIGA VS. THE CHIEF REGIONAL MANAGER [LAWS(MAD)-2016-3-290] [REFERRED TO]
G. SATHYAN VS. B. VASUDEVAN [LAWS(MAD)-2016-4-523] [REFERRED TO]
GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION (GIDC) LTD VS. GRAPHITE INDIA LTD. [LAWS(GJH)-2023-4-2160] [REFERRED TO]
HARYANA POWER GENERATION CORPORATION LTD VS. MSTC LTD [LAWS(P&H)-2021-8-145] [REFERRED TO]
SOUTH EASTERN COALFIELDS LTD. VS. TIRUPATI CONSTRUCTION STRUCTURAL ENGINEERS [LAWS(CHH)-2017-10-75] [REFERRED TO]
CHHATTISGARH RAJYA SAHAKARI VIPDAN SANGH MARYADIT VS. SHYAM GLOBAL PVT. LTD. [LAWS(CHH)-2021-11-79] [REFERRED TO]
MYSORE LAMP WORKS LIMITED VS. GOKUL LAMP WORKS PRIVATE LIMITED [LAWS(KAR)-2022-11-702] [REFERRED TO]
MADHYA PRADESH ROAD DEVELOPMENT CORPORATION LIMITED VS. M/S JABALPUR CORRIDOR (INDIA) PVT LTD. [LAWS(MPH)-2016-12-30] [REFERRED TO]
M/S. RELIABLE AGRO FOODS VS. M/S. AL-NAFEES FROZEN FOOD EXPORTS PVT. LTD. [LAWS(DLH)-2017-8-74] [REFERRED TO]
NATIONAL BUILDING CONSTRUCTION CORPORATION LTD VS. M/S J.R.CONSTRUCTION [LAWS(DLH)-2020-2-100] [REFERRED TO]
GMR HYDERABAD VIJAYAWADA EXPRESSWAYS PVT LTD VS. NATIONAL HIGHWAYS AUTHORITY OF INDIA [LAWS(DLH)-2020-8-81] [REFERRED TO]
MAHANAGAR TELEPHONE NIGAM LTD VS. RALHAN CONSTRUCTION COMPANY [LAWS(DLH)-2023-1-97] [REFERRED TO]
PRAGYA ELECTRONICS PVT. LTD. VS. COSMO FERRITES LTD. [LAWS(DLH)-2023-3-142] [REFERRED TO]
NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. MAHADEVI [LAWS(KAR)-2017-6-29] [REFERRED TO]
RAJIV GANDHI NATIONAL INSTITUTE OF YOUTH DEVELOPMENT, REP. BY ITS DIRECTOR VS. M/S. SARAVANA CONSTRUCTIONS PVT. LTD. [LAWS(MAD)-2014-11-73] [REFERRED TO]
MANAGING DIRECTOR TAMIL NADU FISHERIES DEVELOPMENT CORPORATION LIMITED VS. K SUBRAMANIAN [LAWS(MAD)-2019-6-128] [REFERRED TO]
GOVERNMENT OF TAMILNADU VS. GMP INTERNATIONAL GMBH [LAWS(MAD)-2019-6-158] [REFERRED TO]
UNION OF INDIA VS. SARAVANA CONSTRUCTION PRIVATE LIMITED [LAWS(KER)-2015-3-173] [REFERRED TO]
FIRST POST VS. R. VIJAYAMBAL [LAWS(MAD)-2022-1-375] [REFERRED TO]
M/S DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LTD. (DFCCIL) VS. M/S SOMA ENTERPRISES LTD. [LAWS(DLH)-2016-7-105] [REFERRED TO]
M/S HARVINDER SINGH & CO. VS. NATIONAL PROJECTS CONSTRUCTION CORP. LTD. [LAWS(DLH)-2017-7-53] [REFERRED TO]
KRISHAK BHARATI CO VS. M/S. ALUTEC INC. [LAWS(DLH)-2017-8-180] [REFERRED TO]
OIL AND NATURAL GAS CORPORATION LTD. AND ORS. VS. ESSAR OIL LIMITED AND ORS. [LAWS(BOM)-2016-1-60] [REFERRED TO]
CAPT (RETD ) O P SHARMA & ANR VS. KAMLA SHARMA & ORS [LAWS(DLH)-2008-3-387] [REFERRED]
KUONI TRAVELS (INDIA) PVT. LTD. VS. PHARMACO FLAVOURS AND FRAGRANCES PVT. LTD. [LAWS(BOM)-2015-7-50] [REFERRED TO]
BHARTIYA RASHTRIYA RAJMARG PRADHIKARAN VS. MANJU DIXIT [LAWS(ALL)-2021-4-31] [REFERRED TO]
ANGEL BROKING PRIVATE LIMITED VS. PURNIMA SARVESH [LAWS(MAD)-2019-6-129] [REFERRED TO]
PRINCIPAL GENERAL MANAGER, TELE COMMUNICATIONS BHARAT SANCHAR NIGAM LIMITED VS. GETIT INFOMEDIARY LTD. [LAWS(MAD)-2019-6-614] [REFERRED TO]
PURUVANKARA PROJECTS LIMITED, GANDHI MANDAPAM ROAD VS. RANJANI VEKATRAMAN GANESH [LAWS(MAD)-2017-12-298] [REFERRED TO]
PUNJAB & SIND BANK VS. CORUS INFRASTRUCTURE PVT. LTD. [LAWS(DLH)-2017-9-99] [REFERRED TO]
BESCO LIMITED (WAGON DIVISION) VS. UNION OF INDIA [LAWS(DLH)-2017-5-339] [REFERRED TO]
CHIEF ENGINEER, UPPER VS. KARAM CHAND THAPAR AND BROS [LAWS(J&K)-2024-1-7] [REFERRED TO]
ASEAN LNG TRADING CO LTD NOW KNOWN AS PETRONAS LNG LTD VS. ADANI ENERGY LTD [LAWS(GJH)-2018-7-3] [REFERRED TO]
UNION OF INDIA VS. SUPERIOR AIRCON PVT. LTD. [LAWS(MAD)-2019-6-55] [REFERRED TO]
MARG LIMITED VS. VAN OORD DREDGING AND MARINE CONTRACTORS BV [LAWS(MAD)-2018-11-40] [REFERRED TO]
PURUVANKARA PROJECTS LIMITED VS. RANJANI VENKATRAMAN GANESH [LAWS(MAD)-2018-7-1734] [REFERRED TO]
INDIAN OIL CORPORATION LTD. VS. INSTITUTE OF GEO INFORMATICS PVT. LTD. [LAWS(DLH)-2023-1-398] [REFERRED TO]
NATIONAL PROJECTS CONSTRUCTION CORPORATION LTD VS. HARVINDER SINGH & COMPANY [LAWS(DLH)-2018-4-506] [REFERRED TO]
NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDERATION OF INDIA LTD.(NAFED) VS. NATIONAL SPOT EXCHANGE LIMITED [LAWS(DLH)-2017-9-124] [REFERRED TO]
INTER ADS EXHIBITION PVT. LTD. VS. BUSWORLD INTERNATIONAL COOPERATIEVE [LAWS(DLH)-2020-5-53] [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. N.N BUILDCON PVT. LTD. [LAWS(DLH)-2017-10-245] [REFERRED TO]
BHARAT PETROLEUM CORPORATION VS. ANURADHA AJIT MALGAONKAR [LAWS(BOM)-2019-7-23] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(2.)This appeal by special leave is directed against the judgment and order dated 19.9.2012 passed by the Division Bench of the Calcutta High Court whereby appeal preferred by the appellant against the order of learned Single Judge of the High Court was dismissed. Learned Single Judge had dismissed the appellant's petition under Section 34 of the Arbitration and Conciliation Act (in short, 'the Act') challenging the award of the Arbitrator.
(3.)The case of the appellant is that a notice inviting tender (NIT) was issued by the respondent-Hindustan Copper Ltd. inviting offers for operation of its Surda Mine and Mosabani Concentrator Plant. Respondent- company was having several mines rich with natural resources being metallic ores. The global tender floated by the respondent provided that it shall be the responsibility of successful bidder for payment of all statutory duties. The appellant-company submitted its technical and financial bids. It is contended on behalf of the appellant that the NIT contained a techno commercial bid and a separate price bid. Price bid of the appellant provided that any Excise Duty/Service taxes or any levy presently applicable or any variation or new levy in future to be reimbursed on actual basis.
(2.)This appeal by special leave is directed against the judgment and order dated 19.9.2012 passed by the Division Bench of the Calcutta High Court whereby appeal preferred by the appellant against the order of learned Single Judge of the High Court was dismissed. Learned Single Judge had dismissed the appellant's petition under Section 34 of the Arbitration and Conciliation Act (in short, 'the Act') challenging the award of the Arbitrator.
(3.)The case of the appellant is that a notice inviting tender (NIT) was issued by the respondent-Hindustan Copper Ltd. inviting offers for operation of its Surda Mine and Mosabani Concentrator Plant. Respondent- company was having several mines rich with natural resources being metallic ores. The global tender floated by the respondent provided that it shall be the responsibility of successful bidder for payment of all statutory duties. The appellant-company submitted its technical and financial bids. It is contended on behalf of the appellant that the NIT contained a techno commercial bid and a separate price bid. Price bid of the appellant provided that any Excise Duty/Service taxes or any levy presently applicable or any variation or new levy in future to be reimbursed on actual basis.
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