LAKSHMI MACHINE WORKS LTD Vs. MARATHE TEXTILES MILLS

JUDGEMENT

(1.) The Appellant/original Defendant has filed the present Appeal from Order challenging Order dated 11.12.2012 passed by the learned Joint Civil judge, Senior Division, Sangli, whereby Applications at Exhibits 20 and 31, under Section 34 of the Arbitration Act, 1940 (Act of 1940) were rejected and thereby directed the parties to proceed expeditiously in the Suit. The Plaintiff filed the Suit on 22.03.1993 for the breach of contract by misperformance/delay in supplying the machineries so agreed. The prayers are joint and several against both the Respondents (Defendants). An mandatory injunction was also sought against them to continue to supply the spares of the machinery supplied by them and to provide service maintenance.

(2.) Both the contesting Respondents/Defendants filed these Applications within reasonable time i.e. 17.06.1994 and thereby requested to stay the civil proceedings till the disposal of arbitration proceedings in view of Section 34 of the Act of 1940. By the impugned order, both the Applications were rejected. We are not concerned at this stage the delay in rejecting such Applications which is practically more than 19 years.

(3.) Admittedly, two Revisions filed by the Appellants within limitation and thereafter challenged common order dated 11 December 2012. On 13 September 2013, the learned Judge, after recording the submissions, permitted the Appellants to file an Appeal from Order and thereby continued the ad interim reliefs granted in the Revisions for four weeks. The Revision Applications were accordingly disposed of with liberty to the Applicants to file appropriate Appeals from Orders. The Appeal is therefore preferred by the Appellants only and not the Agents/Respondent No.2. There is no dispute with regard to the acceptance of order/offer in question subject to the enclosed General Conditions of Sale of Goods (Reference No. 771D). Letter dated 23 August 1989 also refers to "the enclosed General Conditions of Sale of Goods". There is no dispute that the parties, based upon proposal and offer, accepted the contract and proceeded accordingly.