WESTERN MANUFACTURING COMPANYLIMITED Vs. DEEPAK INDUSTRIES LIMITED

JUDGEMENT

(1.) ON an application moved under Sections 14 and 17 of the Arbitration Act by the Western Manufacturing Co. Pvt. Ltd. Delhi, the award delivered by two Arbitrators appointed by the Indian Chamber of Commerce, Calcutta was filed in Court. It pertained to disputes and differences between the petitioner and the respondent namely the Deepak Industries Ltd. arising under an agreement of agency inter-se them of the date 22nd December 1963 by which the petitioner had become the sole selling agent of the respondent for the gear-boxes manufactured by the latter's engineering unit "New Allenbery Works" for the territories of Delhi, U.P. Pepsu, Himachal Pradesh, Rajasthan and Punjab.

(2.) THIS award was initially filed by the Arbitrators in a civil court at Calcutta but an objection was raised by the present petitioner there that since the present pro- ceedings under Sections 14 and 17 of the Arbitration Act had commenced earlier in the Delhi Court, the award could be filed here. THIS contention was accepted by the Calcutta court and therefore the Arbitrators after withdrawing the award and the arbitration proceedings from that court filed them in this Court.

(3.) AS a result the objections to the award are dismissed The award is made a rule of the Court and a decree in terms thereof is passed. The award shall constitute part of the decree. The respondent will be entitled to interest on the amount awarded at the rate of 6 per cent per annum from the date of the filing of the award in this Court till realisation.