In fact, it may be seen that the right of examination of the
goods and the consequent right of rejection of the goods which are two
statutory rights of the respondent as the buyer would be defeated because
the respondent would not have reasonable opportunity of examining the
goods and a reasonable time to reject the goods outside the period of 30
days specified in Clause 4.2(b) of the Contract. Such an agreement would
be void under Section 23 of the Contract Act because if permitted it would
defeat the provisions contained in Sections 41 & 42 of the Sale of Goods
Act.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO. 398 OF 2014
JSW Steel Ltd. .. Petitioner
Vs.
AI Ghuriar Iron & Steel LLC .. Respondent
CORAM : MRS. ROSHAN DALVI, J.
Date of pronouncing the Judgment : 20 th AUGUST, 2014 .
Citation;2015(2) ALLMR60,AIR 2015(NOC)448 BOM
Read original judgment; click here
Print Page
goods and the consequent right of rejection of the goods which are two
statutory rights of the respondent as the buyer would be defeated because
the respondent would not have reasonable opportunity of examining the
goods and a reasonable time to reject the goods outside the period of 30
days specified in Clause 4.2(b) of the Contract. Such an agreement would
be void under Section 23 of the Contract Act because if permitted it would
defeat the provisions contained in Sections 41 & 42 of the Sale of Goods
Act.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO. 398 OF 2014
JSW Steel Ltd. .. Petitioner
Vs.
AI Ghuriar Iron & Steel LLC .. Respondent
CORAM : MRS. ROSHAN DALVI, J.
Date of pronouncing the Judgment : 20 th AUGUST, 2014 .
Citation;2015(2) ALLMR60,AIR 2015(NOC)448 BOM
Read original judgment; click here
