BOMBAY HIGH COURT
CJ,
Gangaram Ratanlal (M/s.) v. Simplex Mills Co. Ltd (M/s.)
| Table of Content |
|---|
| 1. arbitration agreement and its non-existence. (Para 1 , 2) |
| 2. jurisdiction disputes and their implications. (Para 3 , 4) |
| 3. incorporation of arbitration clauses. (Para 5 , 6) |
| 4. legal precedents regarding contract law. (Para 7 , 8 , 9) |
| 5. conclusion on the matter. (Para 10 , 11) |
1. This in an utterly mala fide petition for setting aside an award.
2. New Textiles Ltd. were the sole selling agent of the respondent. By certain contracts entered into between the petitioner and the respondent's selling agent, the petitioner agreed to purchase certain quantities of yarn of the total value of Rs.2,40,761.77 subject to the terms and conditions contained in the respondent's printed contract form. Clause 21 in the respondent's printed form provided for reference of disputes to arbitration in the following words: -
"All disputes and questions whatsoever which shall arise between the parties hereto out of or in connection with this agreement or as to the construction or application thereof or the respective rights and obligations of the parties her under or as to any clause or thing herein contained or any account or valuation to be made hereunder as to any other matter in any way
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