VADILAL CHEMICALS LTD Vs. KUMARI RAGINI SANGHI

JUDGEMENT

(1.) This appeal under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 (for short "the Act") has been filed against the order of the learned 7th Additional District Judge, Indore in Arbitration Case No.5/2012 dated 27.2.2013, whereby the objections raised by the appellant under Section 34 of the Act have been rejected.

(2.) In brief, there was an agreement between the appellant and the respondent for providing oxygen cylinders by the respondent to the appellant for one year on the higher charges, as fixed. Since a dispute had arisen between the parties, therefore, the matter was referred for arbitration to the sole arbitrator.

(3.) The claim of the respondent before the arbitrator was that she had provided 500 empty gas cylinders to the appellant, out of which 250 gas cylinders were of respondent's sister Ms. Ragini Sanghi as per the agreement dated 20.9.1997. The appellant had committed default in payment of the higher charges and had denied the liability, hence the claim was raised by the respondent.