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2017 Supreme(Ker) 974

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


Advocate Appeared:
For the Appellant :N.D. Premachandran, D. Ajithkumar, Advocates
For the Respondent:T.R. Aswas, Advocate

JUDGMENT :

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













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