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1984 Supreme(Bom) 339

PENDSE
Northern Sales – Appellant
Versus
Reliable Extraction Industries – Respondent


Advocates:
A.N. Mody with Anup Shah and Miss M. Sen, for Petitioner; D.H. Mehta with N.M. Pandya, for Respondent.

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 contra























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