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1958 Supreme(Bom) 189

K.T.DESAI
Francesco Corsi – Appellant
Versus
Gorakhram Gokalchand – Respondent


JUDGMENT - (1) The petitioner is a national of Italy. He carries on business under the name and style of Messrs. Francesco Corsi. The respondents are a firm, the partners whereof are citizens of India. The respondents carry on business interalia of import and export at Choksi Chambers, Sheikh Memon Street, Bombay. By three contracts in writing the respondents agreed to sell to the petitioner 300 tons of Indian crude groundnut oil in aggregate. 100 tons being agreed to be sold under each of the aforesaid contracts on the terms and conditions set out in those contracts. One of the terms of each of the said contracts is as follows:

"All other terms and conditions as per London L. O. T. T. A. contract (that is, "London Oil and Tallow Trade Association Contract.")".

One of the terms of the said London Oil and Tallow trade Association contract is as follows:

"(15). Any dispute arising out of this contract shall be settled by arbitration in London in accordance with the Rules endorsed on this contract." The petitioner contended that the respondents had failed to supply the goods agreed to be sold by them to the petitioner under each of the aforesaid contracts and committed a breach of the sa












































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