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1997 Supreme(Del) 424

M.K.SHARMA
DOMINANT OFFSET PRIVATE LIMITED – Appellant
Versus
ADAMOVSKE STROJINY – Respondent


Advocates Appeared:
ARUN JAITLEY, Gaurav Duggal, L.R.GUPTA, MANINDER SINGH, MUKUL ROHTAGI, P.M.SINGH, S.V.BAHADUR

Dr. M. K. Sharma, J.

( 1 ) THE petitioner entered into an agreement with Zavody Vseobecneho Strojirenstvi, hereinafter referred to as ZVS on 12th of July, 1982. In the said agreement, it was stipulated that ZVS had developed, tested and was manufacturing automatic offset press Adast Dominant 714 and that the petitioner was desirous of acquiring the technical documentation and knowhow for the said product and that ZVS was able and willing to supply the petitioner with the technical documentation, knowhow and to grant to the petitioner the right to use said documentation and knowhow for the manufacture, assembly, use and sale of the product. Subsequently, the petitioner entered into the agreements dated 18. 7. 1986 and 25. 7. 1986 with ZVS for Adast Dominant 514 and Adast Dominant 725 respectively. Subsequent thereto, it is stated in the petition that disputes arose between the parties in respect of the aforesaid two agreements and accordingly the present petition has been filed by the petitioner praying for reference to arbitration in terms of the arbitration clause in the agreements concerning enforcement of the terms of the aforesaid agreements.

( 2 ) THE respondent, on service of





































































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