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1999 Supreme(Bom) 295

B.N.SRIKRISHNA
Toepfer International Asia Pvt. Ltd. . – Appellant
Versus
Thapar Ispat Ltd. – Respondent


JUDGEMNT - B.N. SRIKRISHNA, J.:---This is a petition under section 47 of the Arbitration and Conciliation Act, 1996 (hereinafter called 'the Act') applying for enforcement of the Award dated 30th September, 1997.

The silent facts necessary to dispose of this petition are as under:-

The petitioner is a company incorporated under the laws of Singapore, which carries on business of imports and exports of, inter alia. Indian commodities and in particular, import of Indian Toasted Soyabean Extractions. The respondent is a company registered under the Companies Act in the State of Punjab carrying on business of dealing with several Indian commodities. The petitioner and the respondent had an earlier business transaction during the course of which one M/s. Harish Co. of Bombay had been appointed as the broker of the respondent to carry out the business deal for sale of certain commodities. The document at Exh. A to the affidavit of Dilip K. Sheth in rejoinder filed on 12th March, 1999 brings out the fact that in the previous business transaction M/s. Harish Co. had acted as broker for the respondent/company. The said M/s. Harish Co. are regularly carrying on business of broker for s




























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