ASHOKA CEMENT LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) JUDGMENT, -

(2.) THE Union of india seekstay u/s. 34 of the Arbitration Act of three suits filed under Order 37 of the Code of Civil Procedure against them for recovery of sales-tax leviable on the freight component Of sale price for cement supplied under the terms of the Cement Control- Order, 1967 and in accordance with the D.G.S and D.Rate Contract. Plaintiffs -resist the application? for stay on the ground that the claim against the Union is fully reinforced by adecision of the Supreme Court of India in course whereof the highest Court has unequivocally upheld the tight of sellers in identical circumstances to the amount and expressed their sense of deep concern that the Union should have made 'an attempt to resist the claim on the basis of pure technicalities. It is, however, riot disputed that the contract for the supply of material contained an arbitration clause, which is wide enongh in its scope, to take in the dispute between the parties.