P.B.Mukherji, J. - (1.) THIS is a matter under the Arbitration (Protocol and Convention) Act, 1937. The petitioner is Mury Exportation, S. A. R. L. a French company incorporated and registered under the Laws of France having its principal office at 15, Rue dela Paix, Paris. The matter although initiated by a petition is treated as a suit under Section 5, Arbitration (Protocol and Convention) Act, 1937.
(2.) THE application or the suit is for filing the award made is Paris dated 18-2-1954 by the Court of Arbitration of the International Chamber of Commerce, Paris under Section 4, Arbitration (Protocol and Convention) Act which provides that any person interested in a foreign award may apply to any Court having jurisdiction over the subject-matter of the award that the award be filed in Court. The respondents are D. Khaitan and sons Limited, an Indian Company carrying on business at 14, Netaji Subhas Road, Calcutta, within the jurisdiction of this Court. The award directed Khaiten and Sons Ltd., to pay to Mury Exportation the sum of Rs. 9,076-2-5 and 33595 French Francs with interest at 5 per cent. till the date of payment and the costs of arbitration amounting to 150,000 French Francs. The award was signed by Thomas R. Webb and duly authenticated. In Indian currency the award amounts altogether to Rs. 1,23,651-12-10 and the Indian equivalent is not disputed.
(3.) THE facts of the case may be very briefly stated: On 27-12-1946 the plaintiff and the defendant executed in Paris an agreement by which the defendant was appointed agent for the sale of the plaintiff's perfumery products in India. THE agreement provided for arbitration according to the rules of the International Chamber of Commerce at Paris. THE actual arbitration clause in that agreement is in the following terms: "Every litigation as to the validity or construction or execution of the present agreement, shall be finally decided in Paris, according to the "Reglement de conciliation et d'arbitrage" of the International Chamber of Commerce 38 Quai Albert Ier, Paris, by one or several arbitrators appointed according to this 'Reglement' ". A copy of the Rules of Conciliation and Arbitration of the International Chamber of Commerce is annexed to the petition.;