ARBIND EXPORT PVT LTD Vs. WARNER A BOCK K G

JUDGEMENT

(1.) THIS is an application under Section 33 of the Arbitration Act, 1940, inter alia for determination of the existence, validity and scope of the arbitration agreement and a declaration that no arbitration agreement has been entered into between the parties and injunction restraining the respondent and his agents and servants from proceeding with the arbitration proceedings before Indo-Ger-man Chamber of Commerce on the basis of the claim contained in the letter dated the 29th of November, 1979, and for other incidental reliefs.

(2.) THE petitioner moved the application on the 22nd of April, 1980, and obtained an interim injunction restraining the respondent and his agents, servants and assigns from proceeding with the arbitration proceedings before the Indo German Chamber of Commerce on the basis of the claim contained in the letter dated the 29th of November, 1979. being annexure 'D' to the petition. Returnable date was fixed on the 16th day of April, 1930. On the returnable date directions were given for filing affidavit-in-opposition by 3rd day of May, 1980 and affida-vit-in-reply by 13th day of May, 1980, and the matter was adjourned till 14th of May, 1980. THEn again on the 14th of May, 1980, extension of time to file affidavits was asked for and time was granted for filing affidavit-in-opposition by 2nd of June, 1980, and affidavit-in-reply by 9th of June, 1980, and it was adjourned till 10th June, 1980. THEreafter, the matter was heard.

(3.) THEREAFTER, the petitioner acknowledged the receipts of the said two orders and the covering letter dated the 7th of May, 1979, from the Respondent and by their letter dated the 31st of May, 3979, suggested certain modifications particularly as to the price and specifically affirmed the arbitration clause. The said letter is annexed to the petition and is at page 15 and the confirmation of the arbitration clause is in Clause 5, Sub-clause (d) in the following terms:--