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1999 Supreme(Bom) 768

S.S.NIJJAR
Toepfer International Asia Pvt. Ltd. . – Appellant
Versus
Thapar Export Ltd. – Respondent


JUDGMENT - S.S. NIJJAR, J.:---This is a petition under section 47 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as "the Act", applying for enforcement of the Award dated 29th September, 1997.

2. The petitioner is a Company incorporated under the laws of Singapore carrying on business of imports and exports of, inter alia, Indian commodities and in particular import of Indian toasted soyabean extractions. The respondents are a Company carrying on business of export of Indian Commodities and in particular Indian toasted soyabean exports. The petitioners at all material times in respect of the transaction, which is the subject matter of this petition, acted through their Brokers Alfred C. Toepfer Export (India) Pvt. Ltd. The respondent in respect of the transactions acted through M/s. Reliance Brokers. After negotiations the contract was finalised and executed between the brokers. It is the admitted case of both the sides that the contract has been neither signed by the seller nor by the buyer. The contract is stated to have been executed through the brokers only. It is the case of the petitioners that the contract was finalised in Mumbai. The respondents had a








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