BAKUBHAI AND AMBALAL LTD Vs. BENGAL CORPORATION PRIVATE LTD
HIGH COURT OF CALCUTTA
BAKUBHAI AND AMBALAL LTD.
BENGAL CORPORATION PRIVATE LTD.
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(1.) The only point in this appeal is whether Contract No. 8702 dated London, the 13th December 1955, for sale of Indian linseed oil is illegal under Section 17(2) of the Forward Contracts (Regulation) Act, 1952 so that an English Award made thereon dated the 29th October 1956 is unenforceable under Section 7 of the Arbitration (Protocol and Convention), Act, 1937 on. the ground that the contract is contrary to public policy or the law in India.
(2.) The buyer is Bakrubhai and Ambalal Ltd. an English Company incorporated in England under the English Companies Act and carrying on business at Baltic Exchange Chambers, 24 St. Mary Axe, London, E. C. 3, England. The seller is the Bengal Corporation Private Ltd., a Company incorporated In India under the Indian Companies Act and carrying on business at 14, Netaji Subhas Road, Calcutta. The Indian sellers failed to deliver the goods. The English buyers took arbitration proceedings under the contract in England, with notice to the Indian sellers for damages for nondelivery, and obtained an Award for damages.
(3.) The appellants after having obtained the Award in England made the application here in this Court to file the Award on the ground that the respondent carried OH business at its registered office in Calcutta. This application, was made under Section 5 of the Arbitration (Protocol and Convention) Act. The learned Judge, A. N. Ray, J., dismissed the application of the appellants on the ground already stated. One point that was argued before him, no longer material before us in appeal, was that this being a c. i. f. contract was a contract for sale of documents and therefore not a contract for sale of goods hit by the Forward Contracts (Regulation) Act, 1952. The learned Judge rightly held that this was not a contract for sale of documents but was a contract for sale of goods. The point was concluded also by a number of Division. Bench decisions of this Court.;
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