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1978 Supreme(Guj) 40

B.K.MEHTA
GUJARAT STATE FERTILIZERS AND CHEMICALS LIMITED – Appellant
Versus
DEEPAK NITRITE LTD. – Respondent


Advocates Appeared: A.M.SETALVAD, B.B.SHAH, D.D.VALERIA, G.N.SHAH, J.I.MEHTA, MUKUND M.THAKUR

B. K. MEHTA, J.

( 1 ) THIS appeal is directed against the order of Joint Civil Judge (S. D.) Baroda directing to file the arbitration agreement contained in the contract of supply of December 1x 1970 executed by and between the parties hereto since the disputes and differences had arisen in the matter of the price of supply of liquid ammonia by the defendant-Corporation to the plaintiff-Company and for appointment of arbitrators to arbitrate upon the said disputes and for certain other incidental reliefs in the matter. In order to appreciate the grievance of the appellant-defendant-Corporation in its proper perspective it would be profitable to advert to a few facts which led to the suit between the parties.

( 2 ) THE respondent-plaintiff. Company was incorporated somewhere between June and August 1969. However one Shri S. S. Agrawal who happens to be the director of the plaintiff-Company was before the incorporation of the Company carrying on business under the firm name and style as Frontier Chemical Works. FIe was desirous of promoting a Company for purposes of carrying on the business of manufacture of Sodium Nirate having regard to its heavy internal market demand on account of










































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