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1966 Supreme(Cal) 82

S.DATTA
ARBN HINDUSTHAN STEEL – Appellant
Versus
APPEJAY PR. LTD. – Respondent


Advocates Appeared:
D.K.SEN

S. DATTA, J.

( 1 ) THIS is an application for re-moval of the arbitrators, revoking the authority of the arbitrators and for declaration that the arbitration agreement dated April 8, 1960 has ceased to have any effect with respect to the differences referred to the said arbitrators, and for other reliefs.

( 2 ) THIS application, in my opinion, can be disposed on one point of law on the basis of a few undisputed facts without going into the elaborate arguments advanced before me.

( 3 ) THE respondent and Union of India entered into an agreement on the 8th day of April, 1960 for the sale and purchase of steel ingots for export. This agreement included an arbitration clause, the material words of which are as follows :--"should any dispute or disagreement arise in relation to the matter of payment, allowance or loss, or the interpretation of any one or more of the clauses of this contract (except as to any matter the decision of which is specially provided for by these conditions) which dispute or disagreement cannot he satisfactorily by mutual conference, (sic) then the matter shall be referred to the award of an arbitrator to be nominated by the seller and an arbitrator to be nom








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