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2002 Supreme(Bom) 272

J.A.PATIL
R. K. Textiles – Appellant
Versus
Sulabh Textiles Pvt. Ltd. – Respondent


JUDGMENT - J.A. PATIL, J.:---The respondents Sulabh Textiles Pvt. Ltd. have taken out this Chamber Summons and prayed for a declaration that the Arbitral Award dated 6-9-2000 passed in Arbitration Case No. A/152/1998-99 on the file of Hindustan Chamber of Commerce ("H.C.C." for short) is without jurisdiction, illegal, null and void and not enforceable against the respondents. They have further prayed for quashing and setting aside the Execution Application taken out by the applicants R.K. Textiles and for raising attachment issued by this Court under the two warrants of attachment dated 21-4-2001 on the respondents properties. A few relevant facts are necessary for proper appreciation of the prayers made by the respondents.

2. The respondents carry on business of manufacturing of blended fabrics and they are not the members of H.C.C. The applicants are cloth merchants and they are the members of H.C.C. It appears that sometime in July or August 1997 the respondents had placed an oral order for purchase of certain cloth. It further appears that at the time of taking delivery of cloth, the respondents found the same defective and less in quantity and hence there arose disputes betwee





































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