Delhi Court January 1978 Judgments
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Pearl Hosiery Mills Vs. Union of India
Court: Delhi
Decided on: Jan-01-1978
Reported in: 13(1977)DLT7; 1979RLR284
Dalip K. Kapur, J. (1) This is an application for stay under S. 34 of the Arbitration Act moved in respect of a suit filed by the plaintiff for the recovery of some amount (over Rs. 1-1/2 lacs) said to be due as a result of a contract for the supply of 4,000 jerseys. The plaint states that the goods were supplied and were passed by the Inspector and then payments were not made. The plaintiff also claims some interest under S. 61 of the Sale of Goods Act. The suit is, thereforee, a suit for the recovery of price of goods supplied. The application under S. 34 is to the effect that there is an arbitration clause and the matter has to go to the arbitrator. (2) The subject-matter of this application, namely, that there is an arbitration clause and the matter should be referred to arbitration is the subject-matter of many reported cases. In spite of those cases which have fully clarified the whole legal position, there seems to be some misapprehension or misconception regarding the scope of ...
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