JUDGMENT:- By this petition filed under Section 5(1) of the Foreign Awards (Recognition and Enforcement) Act, 1961, the petitioner is requesting that the award dated July 10, 1980 be filed in Court and the judgment be pronounced in accordance with the award. The facts giving rise to the filing of the petition are not in dispute and are required to be briefly stated to appreciate the reliefs sought by the petitioner.

2. The petitioner is a Company incorporated under the laws of Manotoba, Canada, and carries on business as exporters of oilseeds; while the respondent is a Company incorporated in India and carries on business as importer of oilseeds. By contract dated June 23, 1978 the petitioner agreed to sell to the respondent 1000 Metric tons of No. 1 Canadian Rapeseed, 5 per cent more or less at Sellers' option. The price agreed was United States Dollars 285 per metric ton, in bulk, cost, insurance and freight, Bombay Free Out. The contract stipulated that the discharge rate at Bombay would be minimum of 750 metric tons per weather working day, and for a demurrage rate of US $ 4000 per day and for despatch at half the rate. There were certain special conditions annexed to the contract and Item 10 provided that the terms and conditions not in contradiction to the other clauses of the agreement would be in accordance with GAFTA Contract No. 31. The Grain and Feed Trade Association Limited is an association in the United Kingdom and publishes standard printed contract forms for sale and purchase of various commodities which are freely available even to non-members of the GAFTA. GAFTA Contract Form No. 31 contains an arbitration clause and, inter alia, provides that any dispute arising out of or under the contract shall be settled by arbitration in accordance with the Arbitration Rules No. 125 of the Grain and Feed Trade Association Limited. In accordance with the contract, the petitioner shipped 950 metric tons rapeseed in bulk per M.V. MICHALIS for the respondent along with rapeseed on account of other importers at Bombay under a charter party. The vessel reached Bombay on December 11, 1978 and the respondent, as well as the other importers, failed to discharge the rapeseed at the contracted rate and the total demurrage of US $ 2,63,166.68 was incurred. The petitioner paid the demurrage charges to the owners of the vessel, and out of these charges a sum of US $ 19,028.40 was determined to be payable by the respondent as its proportionate share for the quantity of 950 metric tons. The petitioner submitted a debit note dated March 29,1979 to the respondent, but failed to receive any amount. Large correspondence transpired between the parties, but the respondent did not pay the amount due.

3. As a dispute arose with regard to the amount payable by the respondent in respect of demurrage claim, the petitioner resorted to GAFTA Arbitration in accordance with the terms of the contract. The petitioner appointed its own arbitrator, but the respondent failed and neglected to do so, and thereupon in accordance with the GAFTA Rules, an arbitrator was appointed on behalf of the respondent. The arbitrators gave their award No.B 6408 dated July 10, 1980 in London and by the said award the respondent was directed to pay to the petitioner a sum of US $ 19,028.40 with interest at 13 per cent per annum from March 29,1979 till the date of the award. The award also directed payment of costs and expenses. The respondent declined to pay the amount due under the award and thereupon the petitioner has filed the present proceedings claiming Rs. 2,46,940.85, as equivalent amount in Indian Rupees which is due under the award from the respondent.

4. In answer to the petition, Shri Bihari V. Yagnik, Secretary of the respondent, has filed return sworn on August 30, 1984, and though several contentions are raised in the affidavit, Shri Mehta, learned counsel appearing on behalf of the respondent, has restricted his submissions at the hearing only to one contentio

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