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2018 (10) TMI 1883 - SUPREME COURTBill of Lading - whether printed conditions annexed to the Bill of Lading would not be binding upon the parties? - HELD THAT:- The Bill of Lading makes it clear that the term "Merchant" (which is defined in the Standard Conditions Governing Multimodal Transport Documents-Clause (1) (e) as meaning shipper, consigner or consignee) expressly agrees to be bound by all the terms, conditions, clauses and exceptions on both sides of the Bill of Lading whether typed, printed or otherwise. The Respondent has expressly agreed to be bound by the arbitration Clause despite the fact that it is a printed condition annexed to the Bill of Lading. Secondly, it must be remembered that the Respondent has itself relied upon the Bill of Lading as part of its cause of action to recover the sum of ₹ 26,53,593/- in the suit filed by it. The Respondent, therefore, cannot blow hot and 23-02-2021 (Page 2 of 3) www.manupatra.com Surender Gupta cold and argue that for the purpose of its suit, it will rely upon the Bill of Lading (though unsigned) but for the purpose of arbitration, the requirement of the Arbitration Act is that the arbitration Clause should be signed. The present is a clear case where, Under Section 7(5) of the Act read with M.R. Engineers and Contractors Pvt. Ltd. (supra) (paras 22 & 24), the reference in the Bill of Lading is such as to make the arbitration Clause part of the contract between the parties - The fact that the stage of the present suit is that a particular witness is being examined would not come in the way of the Section 8(3) application being allowed inasmuch as the Section 8(3) application was filed in the same year as that of the suit. Appeal allowed - decided in favor of appellant.
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