IFB AGRO INDUSTRIES Vs. NIRMALENDU GUHA

JUDGEMENT

(1.) An agreement was executed between the petitioner and the respondent on 28.1.98 in terms whereof some payments were made by the petitioner to the respondent. It is the admitted case of the parties that as a consequence of the stipulation the following post dated cheques were issued by the petitioners in favour of the respondent :- <FRM>JUDGEMENT_44_LAWS(CAL)2_1999_1.html</FRM>

(2.) It is also the case of the parties that a communication was sent by the petitioner on 22.10.98 to the respondent alleging certain acts allegedly been committed by the respondent in alleged violation of the aforesaid agreement and thus holding him liable for these breaches. It is also the admitted case of the parties that after having received the aforesaid cheques, the respondent presented the cheque dated 31.8.98 to his Bank and has received the amount covered by the same. It is also the undisputed further case of the parties that in respect of the other 7 cheques, the petitioner has issued "stop payment" instructions to its Banker.

(3.) In this application under Section 9 of the Arbitration and Conciliation Act, 1996 neither am I required nor do I propose to express my views or pass any comments with regard to the terms and conditions of the agreement dated 28.1.98 including their effect or applicability, the merits of the communication dated 22.10.98, or for that matter about the act of the petitioner in issuing 'stop payment' instruction to its banker. None of these issues arise for consideration in the course of the exercise of the jurisdiction of this Court under Section 9 of the Act.