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2008 Supreme(Del) 1183

REVA KHETRAPAL
GLENCORE GRAIN ROTTERDAM B. V. – Appellant
Versus
SHIVNATH RAI HARNARAIN (INDIA) CO. – Respondent


Advocates Appeared:
Mr. V.P. Singh, Sr. Advocate with Mrs. Anju Bhattacharaya, Mr. Amit Bansal, Ms. Manisha Singh, Advocates
Mr. Rakesh Tiku with Ms. Nisha, Advocates

JUDGMENT

REVA KHETRAPAL, J.

1. This is a suit under Section 48 of the Arbitration and Conciliation Act, 1996 (for short “the Act, 1996”) for filing and enforcement of the foreign award No.12031 A dated 29.07.1997.

FACTS 2. The background facts as set out in the plaint are as follows.

.3. The plaintiff is a company based in Rotterdam, Netherlands while the defendant is a partnership firm based in India with its office at A-8, Bhagwan Dass Nagar, New Delhi “ 110 026. Between 30th November, 1994 and 8th June, 1995, the plaintiff entered into eleven contracts with the defendant, in terms whereof a total quantity of 300,500 MT of Indian white rice was to be sold by the defendant and purchased by the plaintiff. All these eleven contracts were negotiated and concluded through an English broker, Jackson Son and Co. (London) Ltd. In respect of each contract, immediately after the business had been concluded, Jackson Son and Co. sent to both parties, by fascimile transmission, their Contract Confirmation Notes. At the end of each of these Contract Confirmation Notes, Jackson Son and Co. stated: “All other terms as per London Rice Brokers Association Contract number 3.” Thereafter, in respect






















































































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