PHARMACHIM Vs. CUREWEL INDIA LIMITED

JUDGEMENT

(1.) M/s. Pharmachim has filed a summary suit under Order XXXVII of the Code of Civil Procedure (in short 'CPC') for recovery of Rs.63,69,052.00 against M/s. Curewel (India) Ltd. The suit is based on three written notes/contracts pursuance to which the plaintiff supplied goods worth US$ 394 3,53,836.00 which is equivalent to Indian currency of Rs. 63,69,052.00 . All these supplies were made on composite request of the defendant made by telex message dated 6th December,1986. Inspite of the supply of goods as per the requirement of the defendant, no payment had been made nor payment due has been denied by the defendant. The amount due and the price of the goods supplied by the plaintiff are admitted. As such, the plaintiff is entitled to interest at the rate of 18% per annum besides the principle amount. Legal notice was served but without any effect. Since, the suit is based on the three invoices which are contract in itself, therefore, the suit is filed under Order XXXVII of CPC.

(2.) SUMMONS were issued and the defendant put in appearance on 4th October,1991. SUMMONS for judgment in accordance with law were issued and were served on the defendant on 6th May, 1992. The defendant filed an application under Section 34 of the Arbitration Act as well as an application for leave to defend on 15th May,1992 respectively. The application under Section 34 of the Arbitration Act has been listed as IA.No. 8045/92 and the application under Order 37 Rule 3(5) of CPC as IA.No.8046/92. I will be disposing of first the application filed under Section 34 of the Arbitration Act i.e. I.A.No-8045/92. IA.No.4085/92