MIKESH CORPORATION Vs. PICOTEE EXPORTS

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgement dated 16. 6. 2003 of the learned single Judge of this Court setting aside the award on the ground that the appellant, who was the claimant, has not established the existence of an arbitration between the parties.

(2.) THE appellant preferred a claim before the Arbitrator in accordance with the Mahajan Arbitration Rules and Regulations framed by the Mumbai Textiles Merchant Mahajan for a sum of Rs. 8,85,951/- in respect of balance amount for cloth allegedly supplied to the respondents along with interest. The respondents resisted the claim, inter alia, on the ground that they were not a members of the Mahajan and was, therefore, not bound to submit to arbitration under the Mahajan Arbitration Rules and Regulations.

(3.) INITIALLY, the Arbitrator gave an award. This award was set aside on the ground that he gave no reasons. Thereafter, the Arbitrator heard the matter again and came to the conclusion that the respondents are liable for the aforesaid sum. The Arbitrator rejected the contention on behalf of the respondents that there was no arbitration agreement and held that there was an arbitration agreement between the parties which was printed on the invoices which were raised by the appellant on the respondents along with delivery of the goods. The learned Arbitrator took the view that since the goods were supplied by the appellant to the respondents and payments were made for the goods, this must have been on the basis of invoices which were delivered to the respondents by the appellant.