LAWS(DLH)-2009-10-301

SH. SHYAM SUNDER MAHESHWARI (HUF) THROUGH ITS KARTA MR. SHYAM SUNDER MAHESHWARI PROP. SHYAM SUNDER MAHESHWARI Vs. GARG AND COMPANY THOUGH ITS PROPRIETOR, SH. KAMAL KUMAR

Decided On October 15, 2009
Sh. Shyam Sunder Maheshwari (Huf) Through Its Karta Mr. Shyam Sunder Maheshwari Prop. Shyam Sunder Maheshwari Appellant
V/S
Garg And Company Though Its Proprietor, Sh. Kamal Kumar Respondents

JUDGEMENT

(1.) THIS appeal has been filed by appellant under Section 37 of Arbitration and Conciliation Act, 1996 (for short as 'Act') against order dated 22nd May, 2006 passed by Additional District Judge, Delhi.

(2.) APPELLANT filed a claim before Arbitrator regarding recovery of money for goods supplied to respondent. Respondent did not participate in the proceedings and ex -parte award was passed on 27th April, 2005. Intimation of the same was given to respondent by Arbitrator on 9th May, 2005 by registered AD. Application under Section 34 of the Act, for setting aside the award, was filed by respondent on 27th October, 2005 only i.e. clearly beyond the period of limitation.

(3.) ON 28th May, 2009, counsel for respondent stated before this Court that the principal amount was Rs. 1,49,353/ - and in order to settle the matter, respondent is ready to pay equivalent to that amount as interest. Appellant refused to accept the same and matter was renotified for 24th August, 2009 for hearing.