HANUMAN SAW MILL Vs. SAIL, BOKARO STEEL PLANT

JUDGEMENT

(1.) THIS application has been filed under Section 11(6) of the Arbitration & Conciliation Act, 1996 for appointment of an Arbitrator with regard to a dispute which relates to the year 1996. The facts in sofar as it is relevant for the purpose of this application is to the effect that the applicant had received work orders from the respondent for supply of 2nd class Hard wood scantlings for which purchase orders were also issued by the respondent vide purchase order no. 79056 dated 25.4.1996 and purchase order no.79152 dated 4.5.1996. It is an admitted position that the petitioner supplied the materials but inspite of the supply he never raised a demand before the respondent for payment by submitting any bill although he might have been claiming the payment orally. He however, submitted the bill finally after 10 years of the supply in the year 2006 and thereafter the amount towards supply was paid to the petitioner. The petitioner has already received the entire payment as per the purchase orders, but it has been submitted that the matter should be referred to the Arbitrator for determination as to the amount of interest which should be held payable to the petitioner on account of delayed payment and for this purpose he has filed this application for referring the matter to the Arbitrator after appointing him.