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1973 Supreme(Del) 27

AVADH BEHARI ROHATGI
INDERPAL SINGH HASSANWALIA – Appellant
Versus
BIR TIBBTAN WOOLLEN MILLS,CHOWGAN, NEAR BIR (H. P. ) – Respondent


Advocates Appeared:
M.L.Oberoi, RAVINDER NATH

Avadh Behari, J.

( 1 ) THIS is an application under Section 20 of the Arbitration Act. The material facts as stated in the application are these.

( 2 ) THE petitioner is the sole proprietor of Wool World (India ). The respondents I and 2 entered into an agreement dated 10th of March, 1969 with the petitioner. By this agreement the petitioner was appointed the sole selling agent of blankets and other wollen textiles produced by respondent No. 1 for a period of five years. Copy of this agreement is set out as annexure A to the petition. According to the terms of this agreement the mills agreed to produce various kinds of blankets, tweeds, yarn and other textiles excluding mufflers as per instructions and requirements of the petitioner. The minimum production of the mills was to he of the order of Rs. . 15 lakhs a commission of 5% was to be paid to the petitioner ower the difference between the actual value of the produced material and the agreed minimum value of Rs. 15 lakhs. It is not necessary to reproduce here other terms of the agreement as these are not material for the decision of this application.

( 3 ) THE petitioner has alleged that respondents I and 2 did not perform th























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