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1958 Supreme(Cal) 147

P.B.CHAKRAVARTTI, S.C.LAHIRI
JOSEPH PYKE AND SON (LIVERPOOL) LTD. – Appellant
Versus
KEDARNATH MOHANLAL – Respondent


P. CHAKRAVARTTI, C. J.

( 1 ) THE appellants obtained an arbitration award against the respondents in London and thereafter made an application to this Court under Section 15 (1) of the Arbitration (Protocol and Convention) Act, 1937, for an order that the award be filed. On 3-8-1955, Sarkar, J. , dismissed the application on the ground that the award related to a matter which could not be lawfully referred to arbitration in India and that to give effect to it would be to act against the law and the public policy of this country. The appellants question the correctness of that decision and have appealed.

( 2 ) THE facts are these. By an exchange of Bought and Sold Notes, dated 15-10-1953, the appellants purported to purchase from the respondents and the respondents purported to sell to them 125 tons of Indian groundnut oil, the term as to delivery being that the goods would be shipped in bulk as per a bill or bills of lading, dated between the 1st of January and the 15th ot February, 1954, from a port or ports in India to Hamburg. The Notes were in the standard printed form of the London Oil and Tallow Trades Association, but several of the printed clauses were scored through whil


























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