MUTTA INTERNATIONAL Vs. LAXMI POLYTEX PVT LTD

JUDGEMENT

(1.) The petitioner has challenged an Award dated 28th June, 2006 passed by the Arbitral Tribunal constituted under the Bharat merchant Chambers Byelaws (for short, "byelaws").

(2.) This Court has admitted the matter on 24-1-2007. The matter was called out for hearing and it was adjourned on three occasions for settlement. As the settlement was not possible it was again listed for hearing on 5-4-2007. The matter was adjourned for orders with liberty to the parties to settle the matter if possible. On 9-4-2007 none appeared for the petitioner. The respondent's counsel informed that there is no possibility of settlement in the matter. The matter was heard. As none appeared for the petitioner, it was adjourned for 13-4-2007 for orders. The matter was called out twice, none appeared for the petitioner again. Therefore this order.

(3.) The respondent in view of the dispute arose referred the case with annexures for a claim of Rs. 77,316/- with interest and costs and appointed Shri k. Agarwal as their Arbitrator. A copy of the said reference was also sent to the petitioner with directions to appoint the Arbitrators and also to file their written submissions in defence. The petitioner submitted its reply and appointed Shri surjit Singh as an Arbitrator. Both the Arbitrators have appointed one Shri s. Poddar as Presiding Arbitrator.