SANGAMNE BHAG SAHAKARI KARKHANA LIMITED Vs. KRUPA INDUSTRIES LIMITED
SUPREME COURT OF INDIA
SANGAMNE BHAG SAHAKARI KARKHANA
KRUPP INDUSTRIES INDIA LIMITED,
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R.C. Lahoti, J. -
(1.)Leave granted in both petitions.
(2.)The appellant is a co-operative sugar factory manufacturing sugar from sugarcane. On 17-11-1992 an agreement was entered into between the appellant and the respondent for design, manufacture, procurement and supply of machinery and equipments for modernisation with continuous fermentation process based on "Encillium Process", developed and patented by Council for Scientific and Industrial Research, New Delhi and National Chemical Laboratory, Pune. Disputes arose between the parties. The agreement dated 17-11-1992 contained an arbitration clause pursuant whereto the disputes were referred for arbitration by two arbitrators, one appointed by each of the parties. By their award dated 20th June, 1999, the learned Arbitrators directed an amount of Rs. 151.97 lacs to be paid by the respondent to the appellant in full and final settlement of all claims by and between the parties.
(3.)The award was filed in the Court of the Civil Judge, Senior Division, Sangamner. Both the parties preferred objections against the award. After hearing the learned counsel for the parties, by its judgment dated 6-5-2000 the learned Civil Judge directed the award to be remitted back to the learned arbitrators for rendering a fresh award consistently with the directions given by the learned Civil Judge. The appellant preferred a revision laying challenge to the direction of the Court remitting the award while the respondent preferred an appeal submitting that on the view taken by the learned Civil Judge, Senior Division the award itself should have been set aside and there was no occasion for remitting the award to the arbitrators. The learned single Judge of the High Court heard the revision and the appeal together. By the impugned order the learned Judge has dismissed the civil revision and allowed the appeal. As a result the order of the learned Civil Judge, Senior Division remitting the award to the arbitrators has been set aside and the award to the extent of Rs. 107.54 lacs and the interest thereon in the sum of Rs. 28.74 lacs has been set aside. The rest of the award has been made a rule of the Court. Feeling aggrieved by the impugned judgment of the High Court these petitions have been filed by the appellants seeking leave to file appeals by special leave.
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