TATA INTERNATIONAL LTD Vs. TRISUNS CHEMICAL INDUSTRY LTD

JUDGEMENT

(1.) THIS petition has been preferred with the following prayers: that this Hon'ble Court be pleased to call for the records and proceedings of the case. that this Hon'ble Court be pleased to quash and/or set aside the impugned order dated 19th October, 2000 passed by the learned Civil Judge, Senior Division, Gandhidham, Kachchh in Special Civil Suit No. 61 of 2000. that this Hon'ble Court be pleased to refer the parties to the arbitration already initiated by the Petitioners before FOSFA International, London. that this Hon'ble Court be pleased to stay all further proceedings in Special Civil Suit No. 61 of 2000 in the Court of the learned Civil Judge, Senior Division at Gandhidham, Kachchh. that pending the hearing and final disposal of this Petition this Hon'ble Court be pleased to: stay the operation and implementation of the impugned order dated 19th October, 2000 passed by the learned Civil Judge, Senior Division at Gandhidham, Kachchh in Special Civil Suit No. 61 of 2000; and to stay all further proceedings in Special Civil Suit No. 61 of 2000 in the Court of the learned Civil Judge, Senior Division at Gandhidham, Kachchh. for ad-interim reliefs in terms of prayer clauses (a), (b), (c), (d) and (e) above. for costs; for such further and other reliefs as the nature and circumstances of the case may require be granted.

(2.) DURING pendency of the petition certain developments took place and the the petitioner-Company, through its Company Secretary, has tendered supplemental affidavit dated 16. 02. 2002. The material portion of the said affidavit reads as under:

(3.) I say that I am making this affidavit for the limited purpose of bringing to the notice of this Hon'ble Court subsequent events which have transpired in the matter. I say that the Federation of Oil Seeds and Fats Associations Ltd. , (hereinafter referred to as SFosfa), passed an Award being Award of Arbitration No. 3747/2001 dated 1st February 2001 against the respondents. Hereto annexed and marked Exhibit SA is a copy of the said Award of Arbitration dated 1st February 2001.