DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW WINTER GRAND INTRA, 2018

Team Code: C38

BEFORE THE HON’BLE SUPREME COURT OF KATALONIA

SPECIAL LEAVE PETITION UNDER ARTICLE 136 OF THE CONSTITUTION OF

KATALONIA

UNDERWOOD AGRO-SCIENCES PVT LIMITED (UAPL)......................................PETITIONER

V.

CRPC INDIA-AGRO INTELLIGENCE (CII)………… .........................................RESPONDENT

(Civil Appeal No. 201 of 2017)
CLUBBED WITH

UNDERWOOD SCIENCES PRIVATE LIMITED (USPL)………………………...P ETITIONER

V.

IBC INTERNATIONAL (IBC)….....................................................................R ESPONDENT

(Civil Appeal No. 292 of 2017 & Civil Appeal No. 342 of 2017)
CLUBBED WITH

IBC INTERNATIONAL (IBC)...……….................................................................PETITIONER

V.

UNDERWOOD AGRO-SCIENCES PVT LIMITED (UAPL).....................................RESPONDENT

UNDERWOOD SCIENCES PRIVATE LIMITED (USPL)………………………...RESPONDENT
(Civil Appeal No. 307 of 2017)

ON SUBMISSION TO THE SUPREME COURT OF KATALONIA

WRITTEN SUBMISSION ON BEHALF OF THE PETITIONERS

MEMORIAL ON BEHALF OF PETITIONER

DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW WINTER GRAND INTRA, 2018

TABLE OF CONTENTS

MEMORIAL ON BEHALF OF PETITIONER

 DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW WINTER GRAND INTRA, 2018

LIST OF ABBREVIATIONS

Abbreviations Full Forms

AIR All India Reporter

Anr Another

HC High Court
CPC Code of Civil Procedure
Co. Company
Edn Edition
USPL Underwood Sciences Private Limited
CII CRPC India-agro Intelligence

UAPL Underwood Agro-sciences Pvt Limited

Ltd Limited

HOPF High Quality organic pesticide formula

QB Queen’s Bench
SCC Supreme Court Cases
SCR Supreme Court Reporter
RSPS Reworked Sylvan-Pesticide Gene Sequence
FCA Friendship & Cooperation Agreement
SLP Special Leave Petition
TRA Technology Revolution Agreement

WP Writ Petition
US United States of America

FBA Farmers Benefit Agreement

GEF Genetic Engineering Fee

KB King's Bench

MEMORIAL ON BEHALF OF PETITIONER

DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW WINTER GRAND INTRA, 2018

INDEX OF AUTHORITIES

MEMORIAL ON BEHALF OF PETITIONER

 DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW WINTER GRAND INTRA, 2018

STATEMENT OF JURISDICTION

The Hon’ble Supreme Court of Katalonia has jurisdiction to hear the instant matter under
Article 136 of the Constitution of Katalonia. Article 136 of the Constitution of Katalonia
reads as:

“136. Special leave to appeal by the Supreme Court

(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant
special leave to appeal from any judgment, decree, determination, sentence or order in any
cause or matter passed or made by any court or tribunal in the territory of India

(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order
passed or made by any court or tribunal constituted by or under any law relating to the
Armed Forces.

MEMORIAL ON BEHALF OF PETITIONER

 DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW WINTER GRAND INTRA, 2018

STATEMENT OF FACTS

1. IBC international is an agro-pharmaceutical company with its registered office in Kanpur

(capital of Zanzibar), IBC is known for agro-product called ‘Sylvan’ which increases the
resistance of rice plants against the “Snails” which are a major cause of destruction/low
yield of rice. Prince Aleus IV own 20% stake in IBC. IBC has uploaded a copy of a
‘Crown’s Decree’ dated 15th August 1999 by King Echemus on its website which
declares IBC’s rights in relation to Sylvan as being in sovereign interest of Zanzibar.
2. Around 2001, IBC licensed the technology to UAPL which was the market leader for
pesticides for rice plantation in Katalonia. IBC asked UAPL to supply its existing HOPF
to IBC who will then infuse the Sylvan gene sequencing in the same and supply RSPS
which can then be mass produced by UAPL at their manufacturing units. Parties signed 3
agreements TRA, FBA and FCA. The FBA agreement was entered into between CII, IBC
subsidiary, and UAPL. Under this agreement UAPL was required to pay GEF and this
agreement provided that “in case any dispute arises the party will refer the matter to
arbitration in Lucknow. Further in an amendment which took place in 2015 a clause in
FBA was amended that the seat of arbitration would be Kanpur (capital of Zanzibar),
unless Katalonian law prohibit for the same.
3. In FCA agreement all the parties (UAPL, USPL, CII and IBC) warranted that they will
not take any step that is detrimental to each other’s business and always respect and abide
by the arrangement in good faith. They also agreed for the formation of ‘Special Purpose
Vehicle’ for sale of HOPF and RSPS in North-America.
4. Around 2013, the Ministry of Farmer Happiness, Republic of Katalonia issued a
notification fixing the price of the SmartAgro at Rs. 600/packet, because of which UAPL
requested CII to reduce GEF to which it agreed to offer a one-time discount with GEF
fixed at Rs. 485/packet. However, the matter was temporarily resolved as the operation of
the Government Order was stayed by the Supreme Court but later on when UAPL did not
make the payment for Kharif 2015 and the dispute arose once again under FBA
agreement, CII issued a notice of arbitration at Kanpur (capital of Zanzibar) while UAPL
contended that the seat would be Lucknow. CII approached Awadh High Court where the
court held that the seat was Kanpur. The decision was upheld by the Division Bench
therefore UAPL filed a SLP in Hon’ble Supreme Court.

MEMORIAL ON BEHALF OF PETITIONER

 DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW WINTER GRAND INTRA, 2018

5. Meanwhile, King Echimus III stated that he has commissioned a project in North-
America by providing them with “high quality organic pesticide” technology “in interest
of mankind because North-America was suffering from acute shortage of rice grains.
Freedom Express, a national daily in State of Katalonia, exposed that ‘high quality
organic pesticide’ is an identical copy of the HOPF and published certain documents in
this regard and reported that IBC has licensed the technology to 32 companies operating
in North-America at Re. 1/- providing subsidies through an Humanitarian Fund managed
by Kingdom of Zanzibar to sell these pesticides at low cost.
6. IBC refused to acknowledge the reports terming them ‘fake news’ based on utter lies but
USPL issued a notice of dispute to IBC and a month later, a notice of arbitration was also
issued and the arbitration proceedings commenced in Kanpur and an award of USD 3
Billion was rendered in the favor of USPL for breach of confidentiality obligation by IBC
under the TRA. IBC applied before Royal High Court in Kanpur which set aside the
award on the ground that it involves crown interest. USPL approached the Awadh High
Court in Katalonia for enforcement of the Award under Section 48 of the Arbitration and
Conciliation Act, 1996 (“Arbitration Act”) which was refused by the Hon’ble Court as the
award had been set aside at Kanpur. The appeal before the Division bench was also
dismissed. USPL filed a SLP before the Supreme Court which was admitted.
7. USPL filed an application for enforcement of the Award in France which was allowed and
an Order was passed (“French Order”) by a Court in Paris. After that assets of IBC worth
1.2 Billion were attached. USPL filed an Execution Application under Section 44A of
Code of Civil Procedure (“CPC”) based on the Order of the French Court enforcing the
award. The same was dismissed by the Single judge as well as division bench judge of the
Awadh High Court. USPL filed another SLP and same was admitted.
8. USPL and UAPL issued a notice for termination of FCA and claimed damage mentioned
in clause 19 of FCA because of the breach of clause 8 and 9 and Awadh High Court gave
decision in favor of petitioner. And same was upheld in the appeal by Division Bench and
IBC Filed a SLP on the ground that IBC enjoys sovereign immunity from the jurisdiction
of Katalonian Courts and amount mentioned in clause 19 of FCA is penal in nature, hence
IBC filed an SLP which was admitted.

MEMORIAL ON BEHALF OF PETITIONER

DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW WINTER GRAND INTRA, 2018

SUMMARY OF ARGUMENTS

MEMORIAL ON BEHALF OF PETITIONER

DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW WINTER GRAND INTRA, 2018

ARGUMENTS ADVANCED

MEMORIAL ON BEHALF OF PETITIONER

 DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW WINTER GRAND INTRA, 2018

PRAYER

Wherefore in the light of the facts of the case, issues raised, arguments advanced and
authorities cited this Hon’ble Court may be pleased to adjudge and declare that:–

In the case of UAPL v. CII

I. UAPL and CII, being two Katalonial parties can’t have foreign seat of arbitration.

In the case of USPL v. IBC International

I. USPL cannot enforce the award either under Section 48 of the Arbitration Act or
through the enforcement of French Order under Section 44A of CPC

In the case of IBC International v. UAPL & USPL

I. IBC enjoys sovereign immunity from the jurisdiction of Katalonian Courts and is
not within the jurisdiction of the court.
II. The sums stipulated in clause 19 of FCA are in nature of penalty not liquidated
damages and unenforceable in the court of law.

AND/OR

Pass any other order it may deem fit, in the interest of justice, equity and good conscience
and for this, the Petitioner as in duty bound, shall humbly pray.

MEMORIAL ON BEHALF OF PETITIONER