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1988 Supreme(SC) 241

SABYASACHI MUKHARJEE, S.RANGANATHAN
Food Corporation Of India – Appellant
Versus
Great Eastern Shipping Company LTD. – Respondent


Judgment

SABYASACHI MUKHARJI , J. :- Special leave granted and the appeals are disposed of by the judgment herein.

2. These two appeals are directed against the judgment and order of the Division Bench of the High Court of Bombay confirming the decision of the learned single Judge dismissing the application for setting aside the award. It appears that there was a Charter Party Agreement entered into between the parties in December, 1981 signed by the representative of the President of India and the respondent, shipping Company for transportation of bulk cargo from Australia to India. Thereafter in February, 1982 the agreement was sent to the Presidents representative at New Delhi for signing the same. The said cargo was delivered at the port of Tuticorin and not at Calcutta. The respondent company raised disputes regarding several items and claimed an amount of Rs. 9,06,854.86 as demurrage and Rs. 7881.43 against overtime charges. As per the said agreement, the disputes were referable to arbitration by joint arbitration of two Arbitrators one each to be appointed by each of the parties. The appellant appointed one Shri J. L. Puri as its arbitrator with a specific condition that he sh





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