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2019 Supreme(SC) 2383

A.M.KHANWILKAR, DINESH MAHESHWARI
Food Corporation of India – Appellant
Versus
National Collateral Management Services Limited (NCMSL) – Respondent


Advocates Appeared:
For the Petitioners: Mr P.S. Narsimha, Sr. Adv., Mr. Om Prakash, Adv., Mr. Devendra Singh, AOR, Ms. Arpita Tripathi, Adv.
For the Respondents: Mr. Rana Mukherjee, Sr. Adv., Mr. Jayesh K. Ashar, Adv., Mr. Dhaval Mehrotra, Adv., Mr. Divyakant Lahoti, Adv., Mr. Sudhanshu Sikka, Adv., Ms. Amrita Grover, Adv., For M/S. K Ashar & Co., AOR.

ORDER :

1. Leave granted.

2. These appeals take exception to the judgment and order dated 08.09.2017 read with Modification Order dated 20.09.2017 passed in Arbitration Petition No.384/2017 and Order dated 27.11.2017 passed in I.A. No.13954/2017 filed in Arbitration Petition No.384/2017 whereby, the High Court of Delhi at New Delhi allowed the arbitration petition filed by the respondent.

3. The relevant clause in the agreement dated 13.04.2007 reads thus :

    “9. principal and Agent either party can terminate the Agency Agreement by way of giving 3(three) months notice to the other.

    This Agency Agreement may be executed in duplicate by the FCI/Principal and agent, and each of the said copy shall be deemed to be an original and retained by the FCI/Principal and the agent, and such counter parts together shall constitute one and the same instrument.

    Any dispute between the parties arising out of this agreement or pertaining to any matter which is subject matter of this Agency Agreement shall be referred to the Chairman and Managing Director of F.C.I./Principal for settlement and whose decision shall be final and binding on the FCI/Principal and the agent”

    Similarly the applicable clause in

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