SHASTHA ENTERPRISES Vs. OLAM INTERNATIONAL LTD

JUDGEMENT

(1.) ARBA No. 40/2010 is directed against the order in OP (Arb.) No. 21/2009 passed by the District Court, Kollam. The OP was filed under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) by the appellants to set aside the arbitral award dated 14-1-2009. ARBA No. 41/2010 is filed against the order passed in OP (Arb.) 231/2008 filed by the respondent under Sec. 9 of the Act to secure the award amount that was likely to be passed in his favour.

(2.) The respondent company which is incorporated at Singapore is doing business in spices, edible oil, nut etc. The appellant is a cashew exporter. Purchase confirmation note dated 2-5-2007 containing admitted signature of the appellant was issued agreeing to export cashew kernel to the respondent. Likewise, confirmation note dated 25-5-2007 was admittedly issued by the appellant. So also, confirmation note dated 6-7-2007 also containing the admitted signature of the appellant was issued agreeing to export cashew to the respondent.

(3.) On the one hand, the respondent would contend that contracts dated 3-5-2007, 25-5-2007 and 9-7-2007 containing the arbitration agreement were executed by the appellant relatable to the three purchase confirmation notes referred to above respectively, the appellant would dispute the case of the respondent and contend that the signatures of the Managing Partner of the appellant are forged. The following is the alleged arbitration clause.