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ALLAHABAD HIGH COURT
O. P. Saxena, *I. P. Singh, JJ.
Oriental Fire and General Insurance Co. Ltd. (M/s. ) and Another v. M/s. New Suraj Transport Co. (P) Ltd.
| Table of Content |
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| 1. establishment of a business relationship and contractual obligations in transportation. (Para 1 , 2 , 4 , 5 , 6) |
| 2. contentions regarding the contractual effectiveness and enforceability of unsigned terms. (Para 8 , 10 , 14) |
| 3. determination of the existence of an arbitration agreement and its enforceability. (Para 11 , 12 , 20 , 35) |
1. F. A. F. O. No. 470 of 1978 and F. A. F. O. No. 471 of 1978 are between the same parties and respectively arise out of two separate orders both dated 5-4-1978 of Shri Phool Singh, Additional Civil Judge, Ghaziabad, passed in two separate Suits Nos. 86 of 1976 and 85 of 1976 respectively.
2. Plaintiff 1 is a company carrying on business of general insurance with its registered office at Jiwan Udyog, A - 25/27, Asir Ali Road, New Delhi and nationalised by U.P. Government under Act No. 57 of 1972. Shri S. S. Bakshi is the Manager of the said insurance company and as such competent and authorised to file the suits by power of attorney.
3. Plaintiff 2 is a partnership firm duly registered under the Partnership Act and Daya Kishan Gupta is its partner. The said firm carries on business under the name and style of M/s. Anand Industrial at Gan
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