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1996 Supreme(Del) 430

B.K.RAMAMOORTHY
STATE TRADE CORPORATION OF INDIA LIMITED – Appellant
Versus
UNIVERSAL PAPER EXPORT COMPANY LIMITED – Respondent


K. RAMAMOORTHY

( 1 ) THE petitioner has filed this OMP 19/95 for a declaration that the contract dated 30th of March 1991 between the petitioner and the Universal Paper Export Co. Ltd. , hereinafter called the respondent respondent, is invalid and ultra vires and the arbitration agreement dated 30th of March 1991 also is invalid and ultra vires. In Suit No. 1091/95, the reliefs prayed for are as follows :-

" (I) to grant declaration to the plaintiff that the contract dated 30th March 1991 is ultra vires and void ab initio. (ii) to declare that the contract dt. 15 May 91 is ultra vires and void ab initio. (iii) to declare that there does not exist any clause of arbitration in the second contract dt. 15. 5. 91 and therefore, it cannot become subject matter of arbitration. (iv) to declare that the Clause 16 relating to arbitration in the contract dt. 30 March 91 perishes with the contract itself (v) to grant any other relief that the Court may deem just and proper. "

( 2 ) IN OMP. 112/95 the relief prayed for is as follows :-

" (I) to declare that the arbitration agreement dated 15. 5. 91 is not in existence. (ii) to declare that arbitration agreement is not valid and it is illegal. (iii)







































































































































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