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2010 Supreme(Ker) 803

PIUS C.KURIAKOSE, C.K.ABDUL REHIM
Abbas Cashew Company – Appellant
Versus
Bond Commodities, 111 – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. N.D. Premachandran
For The Respondents: Sri. T.R. Aswas (Caveator)

JUDGMENT :

Pius C. Kuriakose, J.

The appellant company, an exporter of cashew, is aggrieved by the order of the District Court, Kollam dismissing an original petition filed by them under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Indian Arbitration Act) for setting aside the award passed by the Arbitral Tribunal and also for a declaration that the award is unenforceable as the same is made in violation of the principles of public policy of India and for incidental reliefs. The appellant entered into an agreement with the first respondent, a British Company for export of cashew through the second respondent company, Indian counter part of the first respondent company. Since dispute arose between the parties over violation of the agreement, the parties referred to matter to arbitration. As per the agreement entered into between them and in pursuance to the reference the arbitrators passed an award. The original petition under Section 34 of the Arbitration and Conciliation Act was filed as O.P. No. 152 of 2009 by the appellant before the District Court alleging that the award is against the public policy of India, is illegal, is against evid



























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