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1981 Supreme(Bom) 286

CHANDURKAR, MEHTA
European Grain and Shipping – Appellant
Versus
Bombay Extractions Private Ltd. – Respondent


Advocates:
F.S. Nariman, D.R. Zaiwalla, G.E. Vahanvati, T.N. Subramaniam, S.J. Vazifdar and M.P. Bharucha, i/b M/s. Mulla and Mulla and Craigie Blunt and Caroe, for Appellant; M.P. Kenia with J.M. Shah, for Respondents; C.M. Korde with D.B. Shroff i/b M/s. Little and Co. and S. Ganesh i/b M/s. Romer Dadachanji Sethna and Co., for Interveners.

Judgement

CHANDURKAR, J. :- This appeal arises out of an order passed by a learned single Judge rejecting petition filed by the appellants for enforcement of a foreign award u/S.6 of the Foreign Awards (Recognition and Enforcement) Act, 1961 (hereinafter referred to as "the 1961 Act").

2. It is not necessary for the purpose of the appeal to refer to the details of the transactions in respect of which a contract in writing was entered into on 16th Sept. 1976 between the appellants and the respondents through the brokers Marshall Produce Brokers Co. Pvt. Ltd., under which the respondents agreed to ship to the appellants 250 metric tons of ground-nut extractions of the quality specified in the contract at a Price of £99 per tonne. The delivery was to be made to the petitioners at Bombay in Jan./Feb. 1977 at the appellants' option. One of the terms of the contract provided that "this contract is made under the terms and conditions effective at the date of the Grain And Feed Trade Association (GAFTA), Baltic Exchange Chambers, 28 St. Mary Axe, London, Contract No. 119". It was also provided by the said contract that contract No. 119 was made a part of the contract except so far as it was














































































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