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CALCUTTA HIGH COURT
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Prabartak Commercial Corporation v. Ramsahaimull More Lt.
| Table of Content |
|---|
| 1. petitioner sold goods with defined delivery schedules. (Para 1 , 2) |
| 2. claims arise from distinct settlement contracts. (Para 3 , 4) |
| 3. petitioner argues against joint arbitration of distinct contracts. (Para 5 , 6 , 7 , 8) |
| 4. court addresses procedural complexities in arbitration. (Para 10 , 11 , 12 , 13 , 14) |
| 5. deviation from agreed arbitration procedure invalidates awards. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 6. jurisdiction dictated by procedural adherence. (Para 21 , 22) |
| 7. final ruling nullifies improper award. (Para 24 , 25) |
1. This is an application that the Award dated 13 March 1957 made in Award Case No. 92 - G of 1952 filed in the said Award Case be declared null and void and / or be set aside.
2. By exchange of Sold Note and corresponding Bought Note both bearing No. 1185 and dated 10 September 1951, the petitioner sold and the respondent bought 6,00,000 bales of Heavy Cees at Rs.205/- per hundred bags, delivery during months of October, November and December 1951 at 2 lakhs bags per month. The petitioner failed to deliver whereupon on 12 November 1951 by a Settlement Bought Note No. 1332 the petitioner bought back from the respondent 2 lakhs of Heavy Cees in
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