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2015 Supreme(Bom) 209

R.D.DHANUKA
Adityasai Cotspin Pvt. Ltd. – Appellant
Versus
Louis Drayfus Commodities India Pvt. Ltd. – Respondent


Advocate Appeared
For the Petitioner:Niranjan Lapasia, a/w. Nikita Gada, Advocates.
For the Respondents:R1, Simil Purohit, i/b. M/s. Purohit & Co., Advocates.

Judgment

1. By this petition filed under section 34 of the Arbitration and Conciliation Act,1996 the petitioner has impugned the arbitral award dated 28th May, 2012 allowing the claims made by the respondents.

2. Mr.Purohit, learned counsel appearing for the petitioner has raised a preliminary objection about the maintainability of this petition having been filed after three months from the date of getting the signed copy of the award and contending that the petition is barred by law of limitation.

3. Mr.Lapasia, learned counsel appearing for the petitioner has made following submissions:-

(a) The contract between the petitioner and the respondents was admittedly not signed by the respondents themselves but was signed by the agent of the respondents. The petitioner was not a member of the Cotton Association of India and was not governed by the bye laws of Cotton Association of India.

(b) The arbitration proceedings held at Mumbai is contrary to the sales contract which provides that the court in New Delhi alone would have the exclusive jurisdiction to deal with any matter arising out of arbitration proceedings or the award.

(c) Learned counsel that the learned arbitrator did not render



















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