I T C LIMITED Vs. C L ANAND

JUDGEMENT

(1.) This petition under Section 3 of the Foreign Awards (Recognition and Enforcement) Act, 1961 isproving to be quite thorny. It has witnessed lot of fire-workeven on the question as to whether I should frame issues or notand that if I should, what those issues should be. And, as ifall this was not enough, they expect me) to pass a speakingorder too.

(2.) As we all know issues are framed to shorten the arenaof dispute and to ascertain and pin point where the two sidesdiffer so that no party to the suit is taken by surprise. Sincethe court should not determine an issue which does not ariseon the pleadings, it is essential to the right decision of a casethat appropriate issues are framed. The general principle oflaw seems to be that issues arise when a material propositionof fact or law is affirmed by one party and denied by the other andthat there must be a distinct issue for each material proposition of law or fact affirmed by one party and denied by theother. One thing more. It is primarily the duty of the Judgeto frame the issues in the case.

(3.) The position in law being what has generally been noticed above, let me now proceed to first unfold the facts.