UNIVERSAL GLASS Vs. KARAMSAR INDIA TRADERS

JUDGEMENT

(1.) This is an application filed by the petitioner under Sections 14 and 17 of the Arbitration Act, for filing of the award dated 29.11.1992 and for making the same a Rule of Court.

(2.) On 8.2.1980, a contract was entered into between the petitioner and the respondent No. 1 for supply of glass bottles, in pursuance of which, the petitioner from time-to-time sold and delivered to the respondent No. 1, various quantities of glass bottles for a total value of Rs. 2,16,707.40 and raised the invoices.

(3.) On 3.5.1980, the respondent No. 1 paid a sum of Rs. 36,117.90 by Demand Draft dated 26.2.1980. Thereafter, the respondent No. 1 from time-to-time issued various cheques totalling in aggregate Rs. 1,66,597.28 in favour of the petitioner as part payment of the aforesaid outstanding. It is stated that out of the above mentioned cheques, some of the cheques totalling about Rs. 1,04,597.28 when presented were returned unpaid and were bounced. The petitioner requested the respondent No. 1 to pay the outstanding amount of Rs. 1,10,986.02 together with interest, but the respondent No. 1 failed and/orneglected to pay the said outstanding amount in respect of which the petitioner also served a legal notice on the respondent No. 1 for recovery of the aforesaid amount on 5.9.1980.