ANIK INDUSTRIES LTD Vs. DCM SHRIRAM CONSOLIDATED LTD

JUDGEMENT

(1.) By this first appeal under Section 96 of the CPC plaintiff has challenged the judgment of the trial Court dated 4.9.2017 passed in CS No.1-B/2013 allowing the respondent's application under Order 7 Rule 11 of the CPC read with Section 5 & 8 of the Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act") and rejecting the plaint by giving liberty to the parties to invoke the arbitration clause for settling the dispute.

(2.) Appellant had filed the suit for recovery of a sum of Rs.43,79,754/- along with the interest @ 18% with the plea that in terms of the purchase order, appellant had supplied Indonesian Coal to the respondent but only a part consideration amount was paid, hence the recovery of the balance consideration amount was sought in the plaint.

(3.) Respondent had filed the application under Section 5 & 8 of the Arbitration Act read with Order 7 Rule 11 of the CPC for dismissing the suit as not maintainable and referring the parties to arbitration on the ground that the arbitration clause exists. The said application was opposed by the appellant by filing the reply.