SIERRA CONSTRUCTION Vs. ANIS AHMED

JUDGEMENT

(1.) This appeal is preferred under Sec. 37(1)(c) of the Arbitration and Conciliation Act, 1996 ('Arbitration Act' for short) against the order dtd. 19/8/2020 of the XXIX Additional City Civil Judge, Bengaluru in I.A.No.3 in A.S.No.111 of 2016.

(2.) We have heard Shri. Vikhar Ahmed B, learned counsel appearing for the appellants and Shri. V. Suresh, learned counsel appearing for respondent No.2.

(3.) Appellant No.1 is a Private Limited Company and appellant No.2 is one of its Directors. They were arrayed as opposite parties in an arbitration proceeding initiated by respondent No.2 herein. The appellant No.1 submits that the appellant, who was carrying out a construction project in Srirangapatna Taluk, had placed a purchase order for the purpose of purchasing a Concrete Pump and had availed a loan of Rs.39,48,000.00 from respondent No.2. The loan was to be repaid in 35 equal monthly installments of Rs.1,35,250.00 each. The Concrete Pump was delivered on 13/7/2012. However, the machine was damaged in floods and the appellant requested the Bengaluru office of the manufacturer to repair the pump and return as evidenced by Annexure E-Delivery Challan and Annexure F-Tax Invoice.