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1977 Supreme(Del) 138

PRITHVI RAJ, T.V.R.TATACHARI, YOGESHWAR DAYAL
RAM RATTAN BHARTIA – Appellant
Versus
FOOD CORPORATION OF INDIA – Respondent


PRITHVI RAJ

( 1 ) THE petitioner, Shri Ram Rattan Bhartia, entered into a contract with the respondent, Food Corporation of India, (herein called the Corporation ) for handling and transport of food grains at Chandausi Depot, District Moradabad, between 1st May, 1971, to 31st April, 1973, vide contract entered into between the parties in pursuance of invitation to tender No. F/l (l)/71-Chandausi. The contract contained arbitration clause No. 19, providing that. all disputes and differences arising out of or in any way touching or concerning the agreement whatsoever (except as to any matter the decision of which is expressly provided for in the contract) shall be REFERRED TO to the sole arbitration of any person appointed by the Managing Director of the Food Corporation of India.

( 2 ) DISPUTES arose between the parties in respect of the alleged claim of the petitioner on account of transportation of foodgrains for which the petitioner claimed a sum of Rs. 61,ooo. 00 , including security deposit of Rs. 25,000. 00. The case of the petitioner is that the respondent had neither paid the said sum of Rs. 61. 000. 00 nor had REFERRED TO the disputes for arbitration in terms of the arbitra
































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