KESSELS ENGINEERING WORKS PVT. LTD. PRATIK GHOSE vs NEO METALICKS LIMITED — AP-COM/245/2024
Case under Arbitration and Conciliation Act ,1996 Section 34. Disposed: Contested--ALLOWED on 15th May 2026.
CNR: WBCHCO0000052022
Filing Number
AP /1/2022
Filing Date
03-01-2022
Registration No
AP-COM /245/2024
Registration Date
03-01-2022
Judge
HON'BLE JUSTICE SABYASACHI BHATTACHARYYA
Coram
HON'BLE JUSTICE SABYASACHI BHATTACHARYYA
Bench Type
Single Bench
Category
GROUP B (CIVIL MATTERS) ( 2 )
Sub-Category
Arbitration ( 2 )
Judicial Branch
CURRENT RECORD DEPARTMENT
Decision Date
15th May 2026
Nature of Disposal
Contested--ALLOWED
Acts & Sections
Petitioner(s)
KESSELS ENGINEERING WORKS PVT. LTD. PRATIK GHOSE
Respondent(s)
NEO METALICKS LIMITED
Hearing History
Judge: HON'BLE JUSTICE SABYASACHI BHATTACHARYYA
NEW MOTIONS (SECTION 34)
PART HEARD MATTERS
PART HEARD MATTERS
PART HEARD MATTERS
PART HEARD MATTERS
| Date | Purpose | Result |
|---|---|---|
| 13-01-2022 | NEW MOTIONS (SECTION 34) | |
| 27-03-2026 | PART HEARD MATTERS | |
| 20-03-2026 | PART HEARD MATTERS | |
| 13-03-2026 | PART HEARD MATTERS | |
| 27-02-2026 | PART HEARD MATTERS |
Orders
Court Decision Summary The Calcutta High Court set aside an arbitral award in favor of Kessels Engineering Works Pvt. Ltd. against Neo Metaliks Limited regarding a defective steam turbine generator set. The court found the award violated procedural requirements and contract interpretation principles. Key findings: 1. Procedural violation: The dissenting arbitrator was excluded from deliberations and only informed after the majority award was passed, breaching Section 31(2) of the Arbitration Act requiring reasons for omitted signatures. 2. Contract misinterpretation: The tribunal incorrectly interpreted the guarantee clause to require 18 months of continuous trouble-free operation before "successful commissioning," contradicting the plain contract language and rendering the guarantee period meaningless. 3. Statute violation: Awards for both extinction of price and damages breached Section 59 of the Sale of Goods Act—only one remedy is available per warranty breach. 4. Insufficient evidence: Claimant's damage claims for electricity and diesel lacked cogent proof and proper cross-examination. Result: The court allowed the original equipment supplier's counter-claim for Rs. 38 lakh unpaid balance with interest, while rejecting Neo Metaliks' claims. This case analysis is maintained by casestatus.in based on publicly available court records.
Court Decision Summary The Calcutta High Court set aside an arbitral award in favor of Kessels Engineering Works Pvt. Ltd. against Neo Metaliks Limited regarding a defective steam turbine generator set. The court found the award violated procedural requirements and contract interpretation principles. Key findings: 1. Procedural violation: The dissenting arbitrator was excluded from deliberations and only informed after the majority award was passed, breaching Section 31(2) of the Arbitration Act requiring reasons for omitted signatures. 2. Contract misinterpretation: The tribunal incorrectly interpreted the guarantee clause to require 18 months of continuous trouble-free operation before "successful commissioning," contradicting the plain contract language and rendering the guarantee period meaningless. 3. Statute violation: Awards for both extinction of price and damages breached Section 59 of the Sale of Goods Act—only one remedy is available per warranty breach. 4. Insufficient evidence: Claimant's damage claims for electricity and diesel lacked cogent proof and proper cross-examination. Result: The court allowed the original equipment supplier's counter-claim for Rs. 38 lakh unpaid balance with interest, while rejecting Neo Metaliks' claims. This case analysis is maintained by casestatus.in based on publicly available court records.
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