FRANCESCO CORSI Vs. GORAKHRAM GOKALCHAND

JUDGEMENT

(1.) THE petitioner is a national of Italy. He carries on business under the name and style of Messrs. Francesco Corsi. THE respondents are a firm, the partners whereof are citizens of India. THE respondents carry on business interalia of import and export at Choksi Chambers, Sheikh Memon Street, Bombay. By three contracts in writing the respondents agreed to sell to the petitioner 300 tons of Indian crude groundnut oil in aggregate. 100 tons being agreed to be sold under each of the aforesaid contracts on the terms and conditions set out in those contracts. One of the terms of each of the said contracts is as follows:

(2.) IT was strenuously contended on behalf of the respondents that the Convention on the Execution of Foreign Arbitral Awards had not been duly signed on behalf of India so as to bind the Government of India after India attained independence. The matter was adjourned from time to time in order to enable the respondents to get whatever evidence they desired in the matter. They are, however, not in a position to show that the Convention had not been duly signed or that the Convention is not binding on the present Government of India.

(3.) RELIANCE was placed by Mr. Laud, the learned counsel for the respondents on foot-note (q) which appears in Halsbury's laws of England, Vol. 2, 3rd Edition at p. 52, which runs as follows: