JOHNSON K VETTUMVELLIL Vs. K A KUNJUMOIDEEN

JUDGEMENT

(1.) This appeal arises out of the order dated 09.01.2014 passed by the Additional District Judge, Ernakulam in O.P.(Arb) No.630 of 2012, dismissing the application filed by the appellant under Section 34(1) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act').

(2.) The appellant and the respondent had entered into an agreement on 28.02.2009 regarding supply of teak timber. As per the agreement, the appellant had agreed to supply five lakhs cubic feet of teak timber to the respondent within a period of ten months. The respondent paid an amount of ten lakhs rupees as advance to the appellant. It was agreed that the respondent shall pay a further amount of ninety lakhs rupees to the appellant on or before the date 03.04.2009. The appellant did not supply any timber to the respondent. The respondent did not pay the further amount of ninety lakhs rupees to the appellant. Disputes arose between the parties regarding performance of the contract between them.

(3.) The appellant filed Arb.Ref.No.2 of 2010 before this Court for appointment of an arbitrator for deciding the dispute. As per the order dated 23.02.2010, this Court appointed a retired District Judge as sole arbitrator.