RAUNAQ INTERNATIONAL LIMITED Vs. LUDWIG WUNSCHE AND CO

JUDGEMENT

(1.) THIS appeal arises out of a judgment and order passed by Mr. Justice S.N. Kumar on 11/04/1980.

(2.) SUIT No. 714 of 1979 was filed on 23/06/1979 by the plaintiffs-appellants. The prayers mentioned in the said suit are as follows :

(3.) MR. Ishwar Sahai, learned counsel appearing for the appellants joined issue with this proposition and referred to a decision of the Supreme Court in Ranusagar Power Co. Ltd. v. General Electric Company and another,(1984) 4 SCC 679. In the said case, it was held that a suit to challenge theexistence and validity of an arbitration agreement was maintainable, incases of foreign arbitrations as there is no provision equivalent to section32 of the Arbitration Act, in the Foreign Awards (Regulation and Enforcement) Act, 1961.