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1984 Supreme(Cal) 96

PRATIBHA BONNERJEA
KUMUD AGARWALLA – Appellant
Versus
FERTILIZER CORPN. OF INDIA, LTD. – Respondent


PRATIBHA BONNERJEA, J.


( 1 ) THE present application has been taken out by the petitioner under Ss. 9, 11 and 12 of the Arbitration Act for removal of the sole Arbitrator and appointment of a new one in his place and stead under the circumstances as follows :-"it is alleged by the petitioner that she entered into four contracts with the respondent on 2-6-1973, 21-6-1974, 6-9-1974, 16-12-1974 for supply of polythene Lined Jute Bags. Each of the said contract contained an arbitration clause. These contracts are admitted by the respondent. The petitioner further alleged that the respondent issued purchase orders pursuant to the said contracts from within the jurisdiction arid the same were received by the petitioner at No. 6, Nawab Dilarjung Road, Calcutta outside the jurisdiction of this Court. The said facts are not disputed by the respondent. The petitioner supplied some goods and manufactured some for giving delivery but the respondent did not pay the full price of the goods delivered and also wrongfully failed and neglected to take the delivery of the balance goods. Thereupon disputes and differences arose between the parties. The arbitration clause provided that the disputes wil







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