PRASHANT KUMAR SAHU Vs. OPTEL TELECOMMUNICATIONS LTD

JUDGEMENT

(1.) FEELING aggrieved by the order and decree dated 19. 8. 2003 passed by learned District Judge, Satna in Misc. Civil Case No. 18/2002 affirming the award dated 18. 12. 2002 passed by Arbitral Tribunal (in short 'tribunal') Bhopal, this appeal has been filed under section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act' ).

(2.) NO exhaustive statements of the facts are required to be stated for the disposal of this appeal. Suffice it to state that Rate contract No. OTL : 15/10:1/rc dated 25. 8. 1998 was executed between the appellant and respondents no. 1 and 2 for supply of wooden drums. The appellant deposited a sum of Rs. 50,000/-as earnest money vide Draft No. 419903 dated 13. 4. 98 of State Bank of India, Satna City. The price amount was to be paid within 60 days after the acceptance of goods. It was agreed between the parties that if any dispute would arise, it will be referred to arbitration.

(3.) AS per claim of appellant he had supplied goods as under : <FRM>JUDGEMENT_32_TLMPH0_2008Html1.htm</FRM> Since the respondents 1 and 2 have failed to make payment despite notices and reminders were given by the appellant, according to him, he is entitled to get interest at the rate of 12% by way of damages. It is not in dispute that the appellant served two notices dated 6. 8. 2001 and 10. 1. 2002 to the respondents. The appellant hence filed an application before the District Judge, Satna on 30. 4. 2002 for appointment of the Arbitrators and also prayed as under :