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2017 Supreme(Bom) 2

B.P.DHARMADHIKARI, A.S.CHANDURKAR
Integrated Sales Services Limited – Appellant
Versus
Arun Dev s/o Govindvishnu Uppadhyaya – Respondent


Advocates Appeared:
For the Appellant : Mr. D.V. Chauhan
For the Respondents: Mr. Sunil Manohar, Mr. A.G. Gharote, Mr. A.S. Jaiswal, Mr. Shyam Dewani

JUDGMENT :

A.S. Chandurkar, J.

1. This appeal filed under Section 50(1)(b) of the Arbitration & Conciliation Act, 1996 [hereinafter referred to as “the said Act”] takes exception to the judgment of learned Single Judge dated 18th April, 2016 in Misc. Civil Application No. 1319 of 2015 to the extent it holds that the Award dated 28th March, 2010 passed by the International Arbitration Tribunal is not enforceable in India against the respondents herein.

Facts

2. On 18th September, 2000, a Representation Agreement was entered into between Integrated Sales Services Ltd. [ISSL], a Company based in Hongkong – the appellant herein and DMC Management Consultants Ltd [DMC MCL], a Company whose principal business address was stated to be at Nagpur. As per this Agreement, ISSL as the Representative was to assist DMC MCL – the Company to sell its goods and services to prospective customers and in consideration thereof, was to receive commission. This Agreement was made subject to laws of the State of Missouri, USA. As per Clause 8(d)(ii) of the Representation Agreement, in case of disputes, the same were to be referred to a sole arbitrator to be appointed by agreement between the parties or failin































































































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