RALLI BROTHERS AND CONEY Vs. ASHOK TEXTILES

JUDGEMENT

(1.) The revision petitioners are defendants 1 and 2 in O. S. 404 of 1995 of the Sub Court, Kochi. The 1st revision petitioner is a company based in Liverpool, U.K. and the 2nd revision petitioner is the company's agent in India having office at Bombay. The respondent herein who is the plaintiff in the suit entered into an agreement with the 1st revision petitioner for the purchase and import of cotton. According to this agreement cotton is to be despatched to India in three consignments. Even when the first consignment arrived, there arose disputes between the parties with regard to the quality of the goods. It appears that the disputes were settled to the mutual satisfaction through negotiation. However, when the 2nd and 3rd consignments arrived, the plaintiff again felt that there was deficiency in quality and based thereon a suit was filed. The 1st revision petitioner then filed I.A. 171 of 1996 seeking stay of the suit under S.3 of the Foreign Awards (Recognition and Enforcement) Act, 1961. The Court below considered the said request and dismissed the petition as per the impugned order.

(2.) The learned counsel for the revision petitioner submits that the Court below has dismissed the application only for the reason that the required Gazette Notification was not available. It is pointed out that this Notification has now been produced before this Court and in view of this the impugned order might be set aside.

(3.) Eventhough notice was given to the respondent, it has chosen to remain ex parte. The revision is being disposed of based on the arguments of the learned counsel for the petitioner and on a perusal of the available records.