LAWS(DLH)-2016-12-7

VIRGOZ OILS & FATS PTE LTD. Vs. NATIONAL AGRICULTURAL CO- OPERATIVE MARKETING FEDERATION OF INDIA LTD.

Decided On December 05, 2016
Virgoz Oils And Fats Pte Ltd. Appellant
V/S
National Agricultural Co- Operative Marketing Federation Of India Ltd. Respondents

JUDGEMENT

(1.) Virgoz Oils and Fats Pte Ltd. (hereafter 'Virgoz') - a company incorporated under the laws of Singapore - has filed the present petition to enforce a foreign award dated 05.04.2012 (hereafter 'the award') published by an Arbitral Tribunal constituted under the Palm Oil Refiners Association of Malaysia Rules of Arbitration and Appeal, 2005 (hereafter 'the PORAM Rules'). The award was rendered in respect of the claims made by Virgoz against the respondent (hereafter 'NAFED').

(2.) NAFED has filed its objections - EA(OS) 66/2016 - to the above captioned petition praying that the enforcement of the foreign award be refused under Section 48 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act').

(3.) Virgoz claims to have entered into three separate contracts - titled as Sales Contract Nos. SG/08/0437/06B01, SG/08/0442/06B01 and SG/08/0445/06B01 - for sale of a total of 4500 metric tonnes of crude palm oil (edible grade) to NAFED (hereafter referred to as 'the Contracts'). The Contracts, except as to the quantity of Palm Oil, are similarly worded.