ANIL SYNTHETICS Vs. S RAMAMOORTHI

JUDGEMENT

(1.) BY way of present appeal, present appellant has challenged the judgment and order dated 19/2/1987 of the City Civil Court at Ahmedabad in Civil Misc. Application No.346 of 1984 whereby the application preferred by opponent no.1 was allowed.

(2.) THE facts of the present case are that the original applicant-opponent no.1 herein is a company registered under the Indian Companies Act and carrying on business of manufacturing cotton cloths. Appellant herein i.e. original respondent no.2 corporation is doing its business at Ahmedabad at other places of purchasing such cloths from such textile industries including original applicant company. Original respondent no.2 used to enter into various contracts with original applicant at Ahmedabad for purchasing various types of cloths at the rate mentioned in the contract entered into between them. Original applicant was legally entitled to recover Rs.15,61,730/95 for various goods from opponent no.2. Various contracts were signed and executed between original applicant and original respondent no.2 at Ahmedabad and one of the conditions of the said contract was appointment of arbitrator in case of dispute between the parties with respect to contracts. As per agreement dispute between the parties were referred to the arbitration of Textile Commissioner at Bombay and the arbitrator heard the parties and the arbitrator has made the award on 17/4/1984 awarding total amount of Rs.4,66,892.13 with interest at the rate of 12% with effect from 9/5/1984.

(3.) THE Trial Court while considering the original application of applicant herein-original opponent no.1 which was filed under Section-14 of the Arbitration Act has discussed all the evidence available on record and after considering the same and considering the original award of arbitrator has allowed the application which was pronounced on 17/4/1984 which was produced at Annexure-I.