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2005 Supreme(Del) 204

MUKUNDAKAM SHARMA
AUSTBULK SHIPPING SDN BHD – Appellant
Versus
P. E. C. LIMITED – Respondent


Advocates Appeared:
GARVESH KABRA, Manoj Khanna, RAVI P.MEHROTRA

MUKUNDAKAM SHARMA, J.

( 1 ). The present petition is filed by the petitioner seeking enforcement and execution of the foreign award dated 30th May, 2001 passed by the sole arbitrator mr. William Robertson. The said award was made at London as per the English law on 30th May, 2001 and 1st November, 2001. The records placed before me reveals that the said award was an ex parte award. The petitioner has alleged in the petition that it had entered into a charter party agreement with the respondent on 20th April, 2000 containing an arbitration clause. It is also alleged that the said charter party governed the rights of the parties. According to it the charter party was duly signed on behalf of the petitioner and was forwarded to the respondent s agent M/s. Forbes gokak Limited, Patvolk Division , Mumbai for obtaining signature of the respondent under FAX dated 29th April, 2000. It is also alleged that the respondent also opened a Letter of Credit dated 13th March, 2000 with the desire to import 15,000 MT western Australian farmers dressed Tyson Chickpeas, which was followed by the said charter party agreement between the parties. Even subsequently, the respondent opened another Letter































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