(1.) If the fate of this application depended on the readiness and willingness of the applicant in the proper conduct of the application, it would have to be dismissed without any ado. But the readiness and willingness that has to be assessed in an application under Section 34 of the Arbitration Act, 1940 is not of the post application conduct but of the likely conduct in course of the arbitration proceedings. This application has not been prosecuted by the Defendant-applicant for nearly fifteen years and was discovered to be pending upon an exercise in such regard being conducted by Court. The Defendant enjoys a stay of the further progress of the suit.
(2.) The claim in the suit is on account of interest for delayed payments. It appears from the plaint that pursuant to notices inviting tender issued by the Defendant and offers made by the Plaintiff, two purchase orders were placed by the Defendant on the Plaintiff for supply of chilled cast iron products. According to the Plaintiff, the goods had been delivered and bills raised which the Defendant accepted without any demur. It also appears to be the admitted position that the payments were released but such payments were made well beyond thirty days from the dates of the receipt of the bills. The suit is based on the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993. There is a specific reference in the plaint to such Act.
(3.) As to the jurisdiction of this Court, the plaint refers to the registered office of the Plaintiff within jurisdiction, to the purchase orders having been placed on the Plaintiff thereat and to the bills having been raised by the Plaintiff on the Defendant from the Plaintiffs office within jurisdiction. Since the claim does not relate to the other aspects of the transaction, it is necessary to see what the plaint says of the invoices and the payment obligations. Paragraph 8 of the plaint refers to the two purchase orders and the Plaintiff having raised its bills for price of goods sold and delivered aggregating to over Rs. 1.01 crore. The Plaintiff has referred to the various invoices and the details thereof have been indicated at annexure 'D' to the plaint. The remaining three sentences of paragraph 8 of the plaint are relevant: