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1994 Supreme(SC) 207

M.K.MUKHERJEE, S.C.AGRAWAL
R. M. Investment And Trading Company Private LTD. – Appellant
Versus
Boeing Co: Boeing Co – Respondent


Advocates:
N.A.PALKHIWALA, N.N.Gupta, SHANTI BHUSHAN

Judgment

S. C. AGRAWAL, J.:- Since these Special Leave Petitions arise out of the same proceedings in the High Court they are being disposed of by a common order.

2. R. M. Investment & Trading Co. Pvt. Limited (for short "R.M.I."), the petitioner in these petitions, is a company Incorporated under the Companies Act, 1956. Sometime in or around 1986, R.M.I. entered into an agreement with Boeing Company (for short "Boeing"), a company incorporated under the laws of the State of Delaware in the United States of America, where under R.M.I. agreed to provide Boeing with consultant services for promotion of sale of Boeing aircrafts in India. "The said agreement was initially to be operative till December 31, 1986, but by subsequent agreement it was extended till April 30, 1987. In August, 1987, Definitive Purchase Agreements for purchase of two aircrafts were executed between Boeing and Air India. a body corporate constituted under the Air Corporation Act, 1953. R.M.I. claimed commission from Boeing on the said transaction but Boeing refused to pay the same and thereupon in April, 1990, R.M.I. filed a suit [Suit No. 363 of 1990] on the Original Side of the Calcutta High Court against Boein













































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