C.L.PANGARKAR
Ganesh Trading Company – Appellant
Versus
Government of Maharashtra – Respondent
1. This review application is filed by the applicant in Civil revision Application No.110 of 2001.
2. The facts giving rise to this application are as under - The applicant/plaintiff had entered into an agreement with the Non-applicants/defendants for collection of Tendu leaves. In pursuance of the same, the applicant had deposited Rs.22,20,000/- with the non-applicants/defendants. The non-applicants/defendants were to issue a transit pass for collection of Tendu leaves but failed to do it till 18/9/1993. Even though the installments were paid, the pass was not issued. Ultimately, the transit pass was issued for beat No.23, 24 and others. Due to inordinate delay in issuing the pass, the applicants/plaintiffs suffered damages. The applicants sought to recover these damages by filing civil suit for recovery of Rs.71,44,984/-.
3. In this suit, the non-applicants had put-in their appearance and had filed the written statement on 5/12/1997 vide Exh.16. The learned Civil Judge framed issues on 2/1/1998. Thereafter, an application for amendment of the written statement was filed and plea of existence of arbitration agreement was raised. The plea as regards maintenability of
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