UJAS ASSOCIATES Vs. KJS CEMENT (INDIA) LIMITED

JUDGEMENT

(1.) In the instant appeal filed under Sec. 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act of 1996" for the sake of brevity), the appellant challenges the order dtd. 08/04/2021 (Annexure P/1) passed by the IXth Additional District Judge, Rewa in MJC/AV 31/2021 wherein the application moved by the present appellant under Sec. 9 of the Act of 1996 has been rejected.

(2.) The factual matrix of the case setforth the relation-ship between the appellant and respondent in respect of contract pertaining to construction of Cement Mill/Grinding Unit. The appellant having its registration with Ministry of Micro, Small and Medium Enterprises, Government of India vide Udgyo Adhar No.MP 40 D 0005844 carrying the business in the name of Ujas Associates. The respondent is a company duly registered under the provisions of Companies Act, 1956, and its factory is located at village Amiliya, District Satna.

(3.) Respondent opposed the application which was moved by the present petitioner while submitting inter alia that there was a purchase order dtd. 29/02/2020, which lost its efficacy inasmuch as the same was not accepted by the present petitioner. It is further stated in the reply of the respondent that the respondent did not restrain the petitioner from taking back any of the machinery or equipments which were brought within the premises of the respondents. The respondent further submit in the reply that since there is no agreement between the petitioner and respondent, the application under Sec. 9 of the Act of 1996 being misconceived was not maintainable.