Dutt, J. - (1.) These two appeals by special leave one preferred by the National Agricultural Co-operative Marketing Federation of India Ltd. (for short 'NAFED') and the other by Alimenta S.A. (for short 'Alimenta'), a Swiss Company are both directed against the judgment of the Delhi High Court dated December 11, 1981 whereby the application of NAFED under S. 33, Arbitration Act, 1940, has been allowed in part.
(2.) A contract dated January 12, 1980 was entered into by and between the parties, namely, NAFED and Alimenta for the sale and supply of 5,000/8,000 M.T. of HPS groundnut kernels Jaras. After the usual terms as to quality, quantity, price, etc., the contract provided in clause 11 thereof as follows:- "Other terms and conditions as per FOSFA 20 contract terms." The expression 'FOSFA' means the Federation of Oils, Seeds and Fats Association Ltd. Subsequently, another contract dated April 3, 1980 was entered into between the parties in respect of 4,000 metric tonnes of groundnut kernels. Clause 9 of this contract provided as follows:- "All other terms and conditions for supply not specifically shown and covered hereinabove shall be as per previous contract signed between us for earlier supplies of H.P.S."
(3.) The FOSFA-20 contract contains an arbitration clause which is as follows:- "Arbitration:Any dispute arising out of this contract, including any question of law arising in connection therewith, shall be referred to arbitration in London (or elsewhere if so agreed) in accordance with the Rules of Arbitration and Appeal of the Federation of Oils, Seeds and Fats Association Limited, in force at the date of this contract and of which both the parties hereto shall be deemed to be cognizant. Neither party hereto. nor any person claiming under either of them shall bring any action or other legal proceedings against the other of them in respect of any such dispute until such dispute shall first have been heard and determined by the arbitrators, umpire or Board of Appeal (as the case may be) in accordance with the Rules of Arbitration and Appeal of the Federatior,, and it is hereby expressly agreed and declared that the obtaining of an Award from the arbitrators, umpire or Board of Appeal (as the case may be), shall be a condition precedent to the right of either party hereto or of any person claiming under either of them to bring any action or other legal proceedings against the other of them in respect of any such dispute.";