- (1.) By this appeal filed under section 37 of the Arbitration and Conciliation Act, 1996, (for short the 'Arbitration Act') the appellant has impugned the judgment dated 30th June, 2015 passed by the District Court, Nashik allowing the arbitration application filed by the respondent herein under section 34 of the Arbitration Act and setting aside the impugned award dated 17th February, 2012. The appellant herein was the original claimant whereas the respondent herein was the original respondent in the arbitral proceedings. Some of the relevant facts for the purpose of deciding this appeal are as under :-
(2.) It is the case of the appellant that the appellant and the respondent entered into an agreement being Contract No.AUR-19A dated 23rd September, 2010 for 1200 fully pressed bales of cotton at Rs.36,400/- per candy to be delivered by the respondent during the period between 10th October, 2010 to 25th October,2010. According to the appellant, the said agreement was subject to the bye-laws and rules of the Cotton Association of India which provided for arbitration in accordance with the rules and bye-laws of the said Cotton Association of India. According to the appellant M/s.Radhe Radhe Cotton Company was a broker of the respondent who had confirmed the alleged agreement dated 23rd September, 2010 by way of Sales Confirmation Note dated 23rd September, 2010.
(3.) It is the case of the appellant that pursuant to the said agreement, the respondent supplied 100 bales of cotton out of the 1200 bales of cotton agreed under the said agreement on 19th October, 2010 and further 100 bales each of cotton on 22nd December, 2010, 22nd December, 2010 and 23rd December, 2010 respectively at the rate and as per the specifications provided in the said agreement. According to the appellant, the respondent supplied a total of 400 bales of cotton out of 1200 bales of cotton agreed under the agreement.;