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2002 Supreme(Del) 327

MUKUNDAKAM SHARMA
TELEMECANIQUE AND CONTROLS INDIA LIMITED – Appellant
Versus
LA TELEMECANIQUE ELECTRIQUE SA – Respondent


MUKUNDAKAM SHARMA

( 1 ) THIS petition is filed by the petitioner against the respondents under Section 33 of the indian Arbitration Act, 1940 challenging the existence, validity and/or effect of the arbitration Agreement Clause 18 contained in the technical Services Agreement dated 28th November, 1984 and also of the Arbitration Clause contained in Condition No. 11 of the General Terms and conditions of Acknowledgement of Orders of the respondent No. 1 contending, inter alia, that not only the said Clause 16 and Condition No. 11 are invalid, non-existent and ineffective but, the same also was superseded by a subsequent and fresh arbitration Agreement entered into by and between the petitioner and the respondent No. 1 as recorded in the Minutes of the Board Meeting of the petitioner held on 16th December, 1988 and, therefore, the reference made by the petitioner to the respondent No. 2 is bad and invalid.

( 2 ) THE petitioner/company is a Public limited Company and is engaged in the business of manufacture of "contactors", "relays" and "add- on-blocks". The respondent No. 1 is a Company incorporated under the laws relating to Companies in Prance The respondent No. 3 is also a Public
















































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