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1996 Supreme(Bom) 179

S.M.JHUNJHUNUWALA
Indian Oil Corporation Ltd. . – Appellant
Versus
Raaj Unocal Lubricants Ltd – Respondent


JUDGMENT - S.M. JHUNJHUNUWALA, J.:---BY this application numbered and registered as suit under the provisions of section 20 of The Arbitration Act, 1940 (for short, 'the Act') the plaintiff seeks to have the arbitration agreement filed in this Court and an order of reference to arbitration in accordance therewith.

2.The plaintiff carries on business inter alia of marketing lubricants produced by blending base oil with adhesives. The defendant owns an oil blending plant at village Jharsaintly, 40th road, Ballabgrah, Haryana (for short, 'the said plant'). The plaintiff, being desirous of obtaining the services of oil blending facilities in Northern India on a contract basis, on 22nd February, 1994 entered into an agreement with the defendant for blending, packaging and loading of SERVO/I.O.C. brand lubricants at the said plant on the terms and conditions mentioned therein (for short, 'the said Agreement'). The said agreement was executed at Bombay and Clause 34 thereof records an agreement by and between the plaintiff and the defendant to refer the disputes to arbitration as provided therein. The said Clause 34 reads as under:--

"34 Arbitration:

In case of any dispute or difference aris











































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