- (1.) THIS is a defendants revision against the order of the learned Civil Judge imposing certain conditions while allowing their application under O.9, R.13, C.P.C.
(2.) THE plaintiff-opposite party 1 Jayshree Tyres and Rubber Products carries on the business of manufacture and sale of cycle, rickshaw tyres and tubes. THE plaintiff supplied tyres and tubes to the defendant applicants from time to time and an amount of Rs. 9 lacs and odd became due. By means of different letters the defendants have admitted the claim of the plaintiff so far as the principal amount is concerned but the rate of interest was disputed.
(3.) ULTIMATELY the matter was referred to the Arbitrator as mutually agreed upon between the parties on 9-6-1986. The Arbitrator gave an award on 30-08-1986 holding that the plaintiff was entitled for a sum of Rs. 9,09,926.26 poise as principal. Interest at the rate of 18% per annum shall be paid on the same from 15-2-1986 to the date of reference i.e. 26th June, 1986. This award was in the knowledge of the defendants but the same has not been challenged.;