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2009 Supreme(Cal) 537

KALYAN JYOTI SENGUPTA
Emirates Grains Products Co. LLC – Appellant
Versus
L. M. J. International Limited – Respondent


JUDGMENT

The Court: Two applications AP No. 60 of 2005 and GA No. 3982 of 2005 filed in the aforesaid Suit being CS. No. 338 of 2002 have been heard one after another. The application being AP No. 60 of 2005 has been taken out on Notice of Motion by the first defendant in the suit namely Emirates Grains Products LLC and Others (hereinafter referred to as the said company) for an order referring the plaintiff and the first defendant to arbitration in respect of subject-matter of Civil Suit being No. 338 of 2003 mentioned above in accordance with the agreement dated 15th September, 2003 as referred to in paragraphs 3 and 4 of the petition. The said application mention arbitration agreement between the plaintiff and the first defendant which is part of parent agreement. The said arbitration agreement is adoption of Grain and Food Trade Association (in short GAFTA) Arbitration Rules, whereby and whereunder all disputes and differences between the parties are to be resolved as per procedure provided in the said Rule. The instant application was taken out on or about 22nd January 2005. The second mentioned application has been taken out by the plaintiff on or about 18th Day of March 2005















































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