ALIMENTA S A NATIONAL AGRICULTURAL CO OPERATIVE MARKETING FEDERATION OF INDIA LIMITED Vs. NATIONAL AGRICULTURAL CO OPERATIVE MARKETING FEDERATION OF INDIA LTD:ALIMENTA S A

JUDGEMENT

(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:-

(3.) The FOSFA-20 contract contains an arbitration clause which is as follows:-