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2002 Supreme(SC) 631

B.N.AGARWAL, R.C.LAHOTI
Sangamne Bhag Sahakari Karkhana – Appellant
Versus
Krupp Industries India LTD. – Respondent


JUDGMENT

R.C. Lahoti, J.-Leave granted in both petitions.

2 The appellant is a co-operative sugar factory manufacturing sugar from sugarcane. On 17.11.1992 an agreement was entered into between the appellant and the respondent for design, manufacture, procurement and supply of machinery and equipments for modernisation with continuous fermentation process based on "Encillium Process", developed and patented by Council for Scientific and Industrial Research, New Delhi and National Chemical Laboratory, Pune. Disputes arose between the parties The agreement dated 17.11.1992 contained an arbitration clause pursuant whereto the disputes were referred for arbitration by two arbitrators, one appointed by each of the parties. By their award dated 20th June, 1999, the learned Arbitrators directed an amount of Rs.151.97 lacs to be paid by the respondent to the appellant in full and final settlement of all claims by and between the parties.

3. The award was filed in the Court of the Civil Judge, Senior Division, Sangamner Both the parties preferred objections against the award. After hearing the learned counsel for the parties, by its judgment dated 6.5.2000 the learned Civil Judge directed t





















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