C.K.ABDUL REHIM, K.P.JYOTHINDRANATH
Job. G. Oommen, Proprietor, M/s. Peniel Cashew Company, Kollam – Appellant
Versus
Ahcom Sarl, Galerie Du Grand Large, Monaco – Respondent
Abdul Rehim, J.
1. The unsuccessful petitioner in an Arbitration Original Petition before the District Court is challenging the order in O.P. (Arb) 01/2013 of the II Additional District Court, Kollam, dated 6th July 2017. The respondent herein is the respondent before the court below.
2. Bare facts required for disposal of the appeal is as follows: The appellant entered into a contract with the respondent, who is a foreign supplier of raw cashew nuts, for purchase of raw cashew nuts. The contract was signed on 21.8.2012. According to the appellant, there was fraudulent inducement from the side of the respondent in arriving at the terms of the contract, because the respondent had suppressed the material fact that the cargo was already on sail and it was intended to another buyer and that the said buyer had declined acceptance of the goods due to its substandard quality. According to the appellant, when the issue was discussed with the respondent, it was agreed upon to draw up a fresh contract and accordingly a fresh contract was drawn up on 22.8.2012, which was signed by the respondent and received back by the petitioner on 24.8.2012. In Ext.A2 contract dated 21.8.2012 there
Bharat Aluminium Company (BALCO) V. Kaiser Aluminum Technical Service
Bhatia International V. Bulk Trading
Chi Commodities Handlers Inc V. Ranjith Lal
Imax Corporation V. M/s. E-City Entertainment (I) Pvt. Ltd.
M/s. Abbas Cashew Company V. Bond Commodities & Anr.
Shastha Enterprises & Anr. V. Olam International Ltd.
Union of India V. Reliance Industries Ltd.
Venture Global Engineering Company V. Satyam Computer Services Ltd.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.