Judgment

DUTT, J. :- These two appeals by special leave one preferred by the National Agricultural Co-operative Marketing Federation of India Ltd. (for short NAFED) and the other by Alimenta S.A. (for short Alimenta), a Swiss Company are both directed against the judgment of the Delhi High Court dated December 11, 1981 whereby the application of NAFED under S. 33, Arbitration Act, 1940, has been allowed in part.

2. A contract dated January 12, 1980 was entered into by and between the parties, namely, NAFED and Alimenta for the sale and supply of 5,000/8,000 M.T. of HPS groundnut kernels Jaras. After the usual terms as to quality, quantity, price, etc., the contract provided in clause 11 thereof as follows: -

"Other terms and conditions as per FOSFA 20 contract terms."

The expression FOSFA means the Federation of Oils, Seeds and Fats Association Ltd. Subsequently, another contract dated April 3, 1980 was entered into between the parties in respect of 4,000 metric tonnes of groundnut kernels. Clause 9 of this contract provided as follows :-

"All other terms and conditions for supply not specifically shown and covered hereinabove shall be as per previous contract signed between us for ea