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2015 Supreme(Ker) 1170

A.MUHAMED MUSTAQUE
Chi Commodities Handlers Inc. – Appellant
Versus
Ranjith Lal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.R. Aswas
For the Respondent:E.K. Nandakumar, Senior Advocate, M. Gopikrishnan Nambiar, P. Gopinath, P. Benny Thomas, K. John Mathai, Joson Manavalan and Kuryan Thomas

JUDGMENT :

A. Muhamed Mustaque, J.

1. These original petitions are arising from the orders passed by the District Court, Kollam rejecting preliminary objection raised by the petitioners on the maintainability of Original Petitions (Arbitration) filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, the "Arbitration Act, 1996"). Since common questions of law are involved in all these original petitions, the same are being disposed of by this common judgment.

2. The petitioners in all these original petitions are one and the same, namely, a Canadian entity, which has raised a claim against the respondents invoking Arbitration clause in accordance with the Arbitration procedure of the Association of Food Industries (Inc.) (for short, "AFI"). The relevant clause of Arbitration is as follows:

"Any controversy or claim arising out of or relating to this contract or breach thereof shall be settled by Arbitration in New York, NY, by the Association of food industries in Inc in accordance with its rules and judgment."

Accordingly, an Award has been passed in the matter by the Arbitrators of AFI.

3. The respondents, who are based at Kollam, filed the original petitions un
























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