Law: Arbitration Act, 1940

Section: 33,14

Keywords: Order, Notice, Provisions, Export, Precedent, Arbitration Clause, Binding, Discretion, Terms And Conditions, Director, Intimation, Execution, Contract, Government, Parties, Procedure, Conditions, Receipt, Terms Of The Contract, Appointment, Failure, Arbitrator, Condition Precedent, Dispute, Finance, Arbitration, Insurance Corporation, Costs Result: Appeal dismissed JUDGMENT This is an application under section 30 read with sections 33 and 14 of the Arbitration Act, 1940. The facts leading to the filing of the above application are that on or about 15-i2-1977 the applicant on behalf of their principals Eurograin Limited quoted against Tender No. RECP/EXP/4(`3)/77 for export of 10,000 M/tons of Pakistan Long Grain (Punjab Irri-6) while rice 15 % broken at a price of U. S. E 333 per Metric Ton, F. O. B. Karachi on terms and conditions contained in the tender document. The above tender was accepted. However, the dispute arose between the parties before the contracted quantity of the rice was exported. The applicant, through their letter dated 5-4-1978 invoked the arbitration clause and called upon the respondent No. 1 to appoint a sole arbitrator as per arbitration clause. According to the applicant there was no response to the above notice and therefore, the applicant sent a telex dated 23-4-1978 again requesting the respondent No. 1 to appoint a sole arbitrator. In reply to the above telex, the respondent No. 1 sent a telex dated 25-4-1978 informing the applicant that action for the appointment of a sole arbitrator was being taken. . 2. It appears that after the receipt of the above telex, the applicant instead of waiting for the appointment of a sole arbitrator by the respondent No. 1 served a notice dated 15-5-1976 through their Advocate, whereby the respondent No. I were informed that the applicant had appointed one Mr. Mahboob Elahi, Director, Asian Food Industries Ltd. Trade and Industries House, West Wharf, Karachi, as their arbitrator. The respondent No. 1 were called upon to nominate their arbitrator within 14 days from the receipt of the said notice. In response to the above notice dated 15-5-1978, the respondent No. 1 through their letter…

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