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2019 Supreme(SC) 795

R.BANUMATHI, A.S.BOPANNA
Zenith Drugs & Allied Agencies Pvt. Ltd. Represented By Its Managing Director, Shri Uday Krishna Paul – Appellant
Versus
Nicholas Piramal India Ltd. – Respondent


Advocates Appeared:
For the Appellant(s) :Manish Goswami, Rameshwar Prasad Goyal, Advocates
For the Respondent(s):Hrishikesh Baruah, Pranav Jain, Jagjit Singh Chhabra, Advocates

JUDGMENT :

R. BANUMATHI, J.

1. This appeal arises out of the order dated 26.03.2007 passed by the Guwahati High Court in Civil Revision (P) No.31 of 2005 in and by which the High Court allowed the revision petition preferred by the respondent and referred the parties to arbitration.

2. Brief facts which led to filing of this appeal are as follows:-

The appellant is a Company registered under the Companies Act, 1956 and is involved with various types of agency businesses including that of clearing and forwarding agents, freight contractors, etc. M/s Rhone Poulene India Limited (RPIL) vide agreement dated 01.05.1997 appointed the appellant Company as its clearing and forwarding agent for a period of three years. Clause 17 of the agreement dated 01.05.1997 contains arbitration clause. The agreement was renewed for a further period from 01.04.2001 to 31.03.2002.

3. RPIL vide its letter dated 20.07.2001 informed the appellant that their Company is getting merged with respondent Company-Nicholas Piramal India Ltd. (NPIL) and that pursuant to the merger, RPIL shall cease to exist as a legal entity and therefore, with effect from three months from the date of the letter, the subsisting clearing




































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