GOEL INDUSTRIES Vs. REVATHI ENTERPRISES

JUDGEMENT

(1.) THE present dispute has a checkered history and arises from the Consignment Agency Agreement dated 05.07.1995, under which the petitioner was to supply goods on credit and the respondent was to sell the goods and was entitled to commission. Unfortunately, disputes arose inter se the parties and in view of the undisputed arbitration clause existing between the parties, being Clause 17, disputes were referred to Arbitrator in O.P.No. 467 of 1997 to Justice A.Abdul Hadi (Retd.) as Arbitrator.

(2.) THE Arbitrator published an award dated 09.08.2002. This award is said to have been assailed in O.P.No. 30 of 2006 under Section 34 of the Arbitration and Conciliation Act, 1996, by the respondent. The objections were dismissed by the learned Single Judge, vide order dated 13.06.2006, which was appealed against by the respondent in O.S.A.No. 220 of 2006. This appeal was allowed with a direction to the parties to appoint a fresh Arbitrator. The Special Leave Petition (Civil) C.C.No. 20435 of 2009 filed by the petitioner was dismissed on 02.08.2010 and even the Special Leave Petition filed by the respondent assailing the aspect of leave to appoint a fresh Arbitrator also stands dismissed, being S.L.P.( Civil) CC No. 801 -802 of 2010, vide order dated 11.02.2010.

(3.) IN the counter -affidavit filed by the respondent, the aforesaid sequence of facts is not denied. There is an issue of whether the material in affidavit placed on record by the respondent constitutes criminal contempt, which would be examined separately.