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1995 Supreme(Del) 192

DEVENDER GUPTA
BHARAT STARCH INDUSTRIES LIMITED – Appellant
Versus
PRUDENT INTERNATIONAL SHIPPING AND TRADING LIMITED – Respondent


Advocates Appeared:
A.M.SANGHVI, ANJALI VOHRA, M.SETHNA, MUKUL ROHTAGI, SHANKAR GOPAL PAGIRE, SURUCHI AGARWAL, VIKASH DHAVAN

Devinder Gupta

( 1 ) M/s Bharat Starch Industries Ltd. (hereinafter REFERRED TO as the plaintiff ) has preferred a suit, being suit No. 2788/94, against four defendants. The first two defendants are M/s Prudent International Shipping and Trading Company Ltd. , and M/s Andagro Services Pvt. Ltd. (hereinafter REFERRED TO as defendants 1 and 2 respectively ). The other two are the London Maritime Arbitrators. Association and Mr. J. A. Schofield, the arbitrator. Decree for declaration prayed for by the plaintiff in the suit is to the effect that there is no privity of contract between the plaintiff and defendant No. 1 and consequently there does not exist any arbitration agreement between the plaintiff and defendant No. 1. As aconsequence to this it is prayed that defendant No. 3 has no jurisdiction to entertain any arbitration proceedings and award, if any rendered by defendant No. 4 would be illegal and nullity. Decree for injunction has been claimed restraining defendants 3 and 4 from proceeding against the plaintiff on the basis of the alleged agreement between the plaintiff and defendant No. 1. Decree for injunction is also claimed against defendant No. 1 not to go ahead with th





























































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