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1998 Supreme(Bom) 781

P.S.PATANKAR
OPEN SEA MARITIMES INC. – Appellant
Versus
R. PYARELAL INTERNATIONAL PVT. LTD. – Respondent


Advocates appeared:
Sh. N.G. Thakkar & Sh. D.C. Gomes, Advocates, for the Petitioner.
Sh. Rajiv Narulla, Advocate i/b Sh. S.C. Jodhwat, Advocate, for the Respondent.

JUDGMENT

P.S. Patankar, J. - This petition has been filed under the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act of 1996) for enforcing the foreign award dated 25-2-1997 passed in favour of the petitioners.

2. There was charter agreement entered into between the petitioners and the respondents whereunder the petitioners' Vessel M.V. VINTA was chartered to the respondents for carriage of bagged rice and wheat from Calcutta to Dar-es-Saleem.

3. Dispure arose between the parties in respect of the said contract. Clause 24 of the charter party provided for reference to Arbitration and the English Law to apply in that event. In spite of the notice to the respondents the respondents failed to appoint the Arbitrator. The petitioners appointed the arbitrator in accordance with Clause 24 of the Charter Party. As the respondents failed to appoint their arbitrator, the Atbitrator appointed by the petitioners acted as Sole Atbitrator in view of Section 7(b) of Atbitration Act, 1950. In spite of notices to the respondents, respondents failed to appear before the Arbitrator. On 11-6-1996 the respondents informed the Sole Arbitrator that they objected t




































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