INDIAN FARMERS FERTILIZER COOPERATIVE LIMITED vs CARGO CLEARING AGENCY (GUJ)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

GUJARAT HIGH COURT
KS JHAVERI, G.B.SHAH, JJ
INDIAN FARMERS FERTILIZER COOPERATIVE LIMITED – Appellant
Versus
CARGO CLEARING AGENCY (GUJ) – Respondent

Advocates:
For the Appellants/Petitioners: MR KS NANAVATI, MR KK NANAVATI
For the Respondents: MRS KETTY A MEHTA

Table of Content
1. introduction of the case and parties involved. (Para 1 , 2)
2. factual background of the dispute and arbitration. (Para 3)
3. appellant's arguments against the arbitral award. (Para 4)
4. respondent's defense of the arbitral award. (Para 5)
5. court's analysis of statutory compliance. (Para 6)
6. interpretation of contract terms and settlement. (Para 7 , 8 , 9)
7. court rejects request for extension of limitation. (Para 10 , 11)
8. final decision of the court to quash the award. (Para 12)

JUDGEMENT

(PER : HONOURABLE MR.JUSTICE KS JHAVERI)

1. Heard learned advocates for the parties and perused the papers on record.

2. The appellant herein has challenged the judgement and decree dated 30.08.2007 passed by the Senior Civil Judge, kachchh at Gandhidham in C.M.A No. 5 of 2005 whereby the Civil Court has confirmed the award dated 30.08.2005 passed by the arbitrator.

3. The facts as per the appellant leading to the filing of the present appeal are set out in brief as under:

3.1 Pursuant to the notice dated 07.09.1993 inviting tender which was followed by the Letter of Intent dated 09.12.1993, the respondent undertook the work of clearing, forwarding, handling and stevedoring

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GUJARAT HIGH COURTKS JHAVERI, G.B.SHAH, JJINDIAN FARMERS FERTILIZER COOPERATIVE LIMITED – AppellantVersusCARGO CLEARING AGENCY (GUJ) – Respondent

GUJARAT HIGH COURT
KS JHAVERI, G.B.SHAH, JJ
INDIAN FARMERS FERTILIZER COOPERATIVE LIMITED – Appellant
Versus
CARGO CLEARING AGENCY (GUJ) – Respondent