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1983 Supreme(Bom) 179

WAIKAR
Mary Manharlal Ratanlal Vakil – Appellant
Versus
Wadhwa Sales Corporation, Nagpur – Respondent


Advocates:
A.G. Joshi (Bombay), for Appellant; V.R. Manohar, for Respondents.

JUDGEMENT:- This appeal filed by the original defendant is directed against the order passed by the trial Court rejecting her application made under Section 34, Arbitration Act for stay of the legal proceedings.

2. The respondents (plaintiffs) filed a suit for a declaration that they are vested with all the rights of publishing, advertising, distributing, selling, reprinting and all other rights in the 5 books of Ratanlal Dhirajlal viz.

(1) Law of Crimes,

(2) Indian Penal Code,

(3) Law of Torts,

(4) Indian Evidence Act, and

(5) Criminal Procedure Code

and that the defendant stands divested of her rights in the said books and for perpetual injunction against her.

3. Admittedly, the parties had entered into the agreement dt. 6-10-1980 and the arbitration clause 21 thereof reads thus :

"In case of differences or disputes with regard to interpretation of any clause or words therein or implementation of the terms of this agreement or any other disputes regarding this agreement, the same shall be referred to the joint arbitration of Shri Vimal Dave, Advocate, Supreme Court of India, New Delhi and Shri P.G. Joshi, Chartered Accountant Nagpur. For other purposes the provisions of Arbitration Ac











































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