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SUPREME COURT
, J
The appellant Company – Appellant
Versus
Nicholas Piramal India Ltd. (NPIL) – Respondent
| Table of Content |
|---|
| 1. background and foundation of the appellant's appeal regarding contract termination. (Para 1 , 2 , 3) |
| 2. details regarding the execution of the compromise decree and subsequent disputes. (Para 4 , 5 , 6) |
| 3. existence and enforceability of the arbitration clause examination. (Para 10 , 11 , 12) |
| 4. requirements for arbitration under the arbitration act. (Para 14 , 15 , 18) |
| 5. conclusion on referral to arbitration amid fraud allegations. (Para 21 , 22) |
1. This appeal arises out of the order dated 26/03/2007 passed by the Guwahati High Court in Civil Revision (P) No.31 of 2005 in and by which the High Court allowed the revision petition preferred by the respondent and referred the parties to arbitration.
2. Brief facts which led to filing of this appeal are as follows:
The appellant is a Company registered under the Companies Act, 1956 and is involved with various types of agency businesses including that of clearing and forwarding agents, freight contractors, etc. M/s Rhone Poulene India Limited (RPIL) vide agreement dated 01/05/1997 appointed the appellant Company as its clearing and forwarding agent for a period of three years. Clause 17 of the agreement dated 01/05/1997
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