Decided on February 03,1983

HOPE (INDIA) LTD. Respondents


Pratibha Bonnerjea, J. - (1.) THIS is an application by M/s. Hope (Indial Ltd. under Sections 30 and 33 of the Arbitration Act for setting aside the award dated 30-8-1980. M/s. Hope (India) Ltd. entered into a contract for supply of goods to the respondent and indeed supplied certain quantity of the said goods. Thereafter disputes and differences arose relating to the said transaction. The contract between the parties contained an arbitration clause but the validity of the same was disputed. In that view of the matter, an application Under Section 33 of the Arbitration Act was taken out for determination of the existence and the validity of the said arbitration agreement being Matter No. 364 of 1977. The said application was heard by Mr. Sabyasachi Mukharji J., and it was held that there was a valid and subsisting arbitral ion agreement between the parties. Against that Order, M/s. Hope (India) Ltd. moved the Supreme Court and look out a special leave petition being S. L. Petition (Civil) No. 115 of 1979. But the said S. L. P. was not pressed. What transpired before the Hon'ble Supreme Court on that date was recorded in the order dated 3-5-79 which is set out in full below :-- Hon'ble Mr. Justice P. M. Singhal. Hon'ble Mr. Justice A. D. Koshal. For the petitioner : Mr. S. S. Roy, Sr. Adv., Mr. H. K. Puri, Adv. For the respondents Mr. Soli J. Sarabji, Addl. Solicitor Gen. of India with Mr. A. K. Ganguli and Mr. K. Jaya-ram and Mr. K. Ramkumar, Advs. Upon hearing counsel, the court made the following order :-- "Heard the learned counsel. The special leave petition is not pressed and is, therefore dismissed. Learned counsel are however in agreement that the dispute and difference between the parties be referred to the sole arbitration or Mr. Justice Sudhamoy Basu or Mr. Justice Masud who are the retired Judges of the Calcutta High Court. The learned Additional Solicitor General wants to place on record that this has been agreed to in response to a suggestion which fell from the court and that this will not be precedent for the future. It is ordered accordingly. Sd/- A. Appa Rao Assistant Registrar."
(2.) WHAT followed thereafter clearly appears from the records filed by the arbitrator in this proceeding. I find from this record that one S. L. Ganguli, Sec retary of the respcndent Mining And Allied Machinery Corporation Ltd. wrote a letter dated 16-5-1979 to the retired Judge Mr. Justice Sudhamoy Basu in following terms : To, Mr. Justice Sudhamoy Basu (Retired) 53, Southern Avenue Calcutta-29. Dear Sir, Sub. : Dispute between M/s. M.A.M.C. Ltd. and M/s. Hope (India) Ltd. arising out of Purchase Order No. p/6209982/VPC dated 24-6-75. In pursuance to the direction of the Hon'ble Supreme Court of India daled 3-5-1979 in Special Leave to appeal (Civil) No. 115 of 1979 (copy enclosed) we hereby nominate you to act as sole Arbitrator in the above mention-ed dispute.
(3.) KINDLY signify your acceptance to act as sole Arbitrator in the above mentioned dispute. M/s. Hope (India) Ltd. is being informed separately Yours faithfully, Sd/- (S.L. Ganguli) Secretary. Copy to : M/s. Hope (India) Ltd. Pench Steel Division Kauak Building 41 Chowringhee Road Calcutta 700071.;

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