TUBULAR CONTAINERS PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) FACTS:

(2.) THE plaintiffs M/s Tabular Containers Pvt. Ltd. have filed a suit for the recovery of Rs.4,57,539.00 against the defendant, the Union of India. This claim related to interest only. Summons were issued for 10th March 1980. THEse summons were served with a copy of the plaint on the standing counsel for Union of India, on 25th February, 1980. THE papers were sent by the standing counsel to the Ministry of Law. On 6th March 1980 the Litigation Section of the Ministry of Law sent a "brief transmission form" to Mr. P. P. Malhotra, Advocate. On 10-3-80 under instruction from Sh. Malhotra his Jr. appeared before the Deputy Registrar and sought time for filing the written statement. THE Deputy Registrar granted time for the purpose. Subsequently the Ministry of Defence instructed their counsel to make an application under Section 34 of the Arbitration Act as there was an arbitration clause in the contract.