CROMPTON GREAVES LTD Vs. TOSHIBA ANAND LAMPS LTD

JUDGEMENT

(1.) RESPONDENT herein filed a suit under S.20 of the Arbitration Act, 1940 (for short 'the Act') praying that the Arbitration agreement dated 15-11-1967 (Ext. A1) be filed and that the disputes or differences between the parties be referred to arbitration to any arbitrator to be appointed by the Court. Appellant herein, defendant in the suit, filed written statement opposing grant of reliefs. Overruling his contentions, the trial court held that reliefs under S.20 of the Act are to be granted and directed production of the Arbitration agreement. This Judgement is now challenged by the defendant. Parties will be referred to in this Judgement by their rank in the trial court.

(2.) BOTH parties are Private (Public ?) limited companies. Plaintiff is a manufacturer of electric lamps of various types. Defendant is engaged in purchase and sale of electric lamps and other goods. Under Ext. A1 dated 15-11-1967 the parties entered into an agreement by which the plaintiff agreed to sell to the defendant and the defendant agreed to buy from the plaintiff 80 per cent of the production of electric lamps for a period of five years with option to the defendant to increase or reduce the purchase by 10 per cent. The agreement was agreed to continue to be in force until either party terminates the same by one year's notice. Clause 23 of the agreement states :

(3.) EXT. A1 agreement had undergone several modifications and therefore clause 23 does not survive.