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1975 Supreme(Mad) 22

P.S.KAILASAM
Alagappa Cotton Mills, Rajapalayam – Appellant
Versus
Indo Burmah Trading Corporation, Madras – Respondent


Judgement

ORDER:- The revision petition is by M/s. Alagappa Cotton Mills, Rajapalayam, against the order of the learned Principal Subordinate Judge, Ramanathapuram at Madurai, in O. P. 82 of 1973. The petitioners, M/s. Alagappa Cotton Mills, filed the O. P. under Sections 31 to 33 of the Arbitration Act, praying to declare that there is no valid arbitration agreement in respect of the contract form dated 16-10-1970, and for an injunction restraining the respondents 2 and 3, the arbitrators, from proceeding with the enquiry and making any award in the proceedings pending before them.

2. The facts of the case necessary for the disposal of this petition are as follows:- Under Ex. A-1, the petitioners, M/s. Alagappa Cotton Mills, and the first respondent, M/s. Indo Burmah Trading Corporation, Madras, entered into a contract on 16-10-1970. A clause in the contract provides that dispute, if any, shall be settled only in the Courts in the jurisdiction of the sellers. There is another clause which provides all the incentives both that of the manufacturer's as well as the Exporters' both the current and future including the distance premium to the buyer's account. The form Ex. A-1 was signed























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