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2019 Supreme(SC) 190

A.M.KHANWILKAR, AJAY RASTOGI
LMJ INTERNATIONAL LTD. – Appellant
Versus
SLEEPWELL INDUSTRIES CO. LTD. – Respondent


Advocates Appeared:
For the Appellant :Mr. A.K. Sinha, Sr. Advocate, Mr. Vikas Sethi, Advocate, Mr. Sanandha Mukherjee, Advocate, Mr. Deepak Goel, Advocate.
For the Respondent:Mr. Shyam Divan, Sr. Advocate, Mr. Rakesh Sinha, Advocate, Mr. Pinaki Addy, Advocate, Mr. Shailendra Jain, Advocate, Mr. Chira Ranjan Addy, Advocate

JUDGMENT

A.M. Khanwilkar, J.

These special leave petitions emanate from the judgment and orders dated 22nd August, 2017 passed by the High Court at Calcutta in G.A. No. 3306/2016 in E.C. No. 487/2013 and dated 9th July, 2018 in G.A. No. 3307/2016 in E.C. No. 488/2013, respectively. The special leave petitions pertain to two execution petitions filed by the respondent - award holder concerning two separate foreign awards. Since the questions raised in both these petitions are overlapping, the same are being answered together.

2. The parties had entered into separate contracts for sale of Non Basmati Parboiled Rice, Thailand origin, on the terms and conditions specified in the contracts. The contract contained a stipulation that the quantity would be final at the Port of loading as per the official weight certificate issued by SGS at the cost of the seller, meaning thereby the respondent. The consignments were shipped by the seller as per the said contract. The contract was an FOB contract and the goods were meant for the Government of People's Republic of Bangladesh. The contract in "other terms" envisage that on terms and conditions not in contradiction with the stipulated terms of co





























































































































































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