ZAPP INDIA LIMITED Vs. MAHESHWAR TEXTILES

JUDGEMENT

(1.) The above Arbitration Petition is filed by the Petitioner on 19 th January, 2011, challenging the Arbitral Award dated 19 th August 2009, under Section 34 of the Arbitration and Conciliation Act, 1996 ("the Act"). The Award was dispatched to the Petitioner by the Hindustan Chamber of Commerce on 4 th September 2009. However, on 7 th September 2009 the Petitioner refused to accept service of the said Award.

(2.) The brief facts of the matter are set out hereunder:

(3.) By a letter dated 2 nd February 2009, the Respondent informed the Hindustan Chamber of Commerce that they have sold and supplied goods to the Petitioner at G111, RIICO Industrial Area, Mansarovar, Jaipur302 020, Rajasthan vide their various invoices, particulars of which were set out in the said letter and the total outstanding after giving credit for the part payment received, along with interest thereon amounted to Rs. 53,99,688/. The Respondent requested the Hindustan Chamber of Commerce to use their good offices to collect the genuine dues of the Respondent from the Petitioner as early as possible. The Respondent recorded in the said letter that if no satisfactory reply is received within seven days from the receipt of the said letter/notice, the Respondent will have no other option but to put their dispute before the Learned Arbitrators of the Hindustan Chamber of Commerce, for their decision under its Arbitration Rules.