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2022 Supreme(Ker) 699

N. NAGARESH
M. A. Hakkim, The Proprietor, M/s V. M. K Exports – Appellant
Versus
Patanjali Agro India Pvt. Ltd – Respondent


Advocates Appeared:
For the Appellant : JOHNSON GOMEZ, MOHAMED SHEHARAN, VISWANATH JAYAN, SANJITH JOHNSON, SREEDEVI S.DINOOP P.D., SANJAY JOHNSON, JOHN GOMEZ, S.BIJU (KIZHAKKANELA)
For the Respondent: SRI.RAGHUL SUDHEESH, SRI.K.J.GLAXON(K/708/2006), SMT.J.LAKSHMI, SMT.BINI DAS

ORDER :

The petitioners in these four Arbitration Requests entered into Ext.P1 Sales Contracts with the 1st respondent for sale of raw cashew nuts. They later entered into a mutually acceptable High Sea Sale Agreements (Ext.P2) whereunder the respondents sold to the petitioners certain quantity of net weight raw cashew nuts in shell at specified rate. The 1st respondent issued invoices to the petitioners for the amount payable. The petitioners took delivery of original shipping documents.

2. The petitioners state that it was agreed that quality inspection was to be done by RBS Maritime Services. The designated agency took samples from Tuticorin and found that the cashew nuts were of low quality and submitted Annexure-A4 inspection reports. The petitioners therefore issued debit notes. The 1st respondent sent e-mail communication stating that the reports of the RBS Maritime Service are null and void as regards quality and admitting liability for short weight.

3. Though the Broker of the 1st respondent initially agreed to resolve the issue, later he repudiated the claim. The 1st respondent then issued a notice alleging contractual violation and making monetary claims with 12% interest.

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