Gurusharan Sharma, J. - (1.) HEARD the parties M/s. Ratan Roadways. Jharia. District -Dhanbad a transporter entered into a contract with M/s. Central Coalfields Limited (for short CCL) Regional Stores at Kuju for transportation of cement as per letter dated 5.9.1984 issued by the Deputy Chief Engineer (Civil) Kuju Area.
(2.) SMT . Usha Sharma wife of Sri Ram Ratan Sharma claiming to be proprietor of M/s. Ratan Roadways raised dispute regarding calculation of transportation charges by the CCL. In the meantime. CCL filed Money Suit No. 24 of 1987 for realization of excess amount to the tune of Rs. 3,80,750/ - paid to the transporter.
(3.) ON the other hand, on behalf of the transporter an application under Section 20 of the Arbitration Act. 1940. (hereinafter to be referred to as 'the Act') was filed, which was registered as Title Suit No. 118 of 1987 in the Court of the Subordinate Judge. Hazaribagh whereby the aforesaid dispute was referred to arbitration. In the said arbitration proceeding CCL advanced counter claim of the aforesaid amount, which was subject matter of the money suit and the arbitrator gave award on 10.5.1996.;