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1983 Supreme(Bom) 230

SUJATA V.MANOHAR
Sree Saraswathi Mills Ltd. . – Appellant
Versus
Govindji Jevat & Co – Respondent


JUDGMENT - SUJATA MANOHAR, J.:---The petitioners have entered into two contracts with the respondents for the purchase of 700 and 500 bales of cotton. The first contract for the purchase of 700 bales of cotton was dated 16-5-1977, and there was a second contract entered into on 27-5-1977, for the purchase of 500 bales of cotton. The respondents are members of the East India Cotton Association Ltd., and both the contracts were entered into subject to the bye-laws of the East India Cotton Association Ltd. The petitioners are not members of this Association. However, the bye-laws provided for arbitration in respect of disputes between members and non-members also. The respondents carry on business at Bombay while the petitioners have their registered office at Madurai. The contracts were for the supply of cotton from Bombay for delivery at Tiruttani.

2. There were disputes between the parties in respect of these two contracts. The respondents referred their disputes to arbitration under bye-law 38 of the East India Cotton Association Ltd. The respondents called upon the petitioners to appoint their own arbitrator under the bye-laws. There upon on 16-5-1978, the petitioners filed a peti



























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