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2023 Supreme(MP) 263

VIVEK RUSIA
Noumla Brothers – Appellant
Versus
Ruchi World Wide Limited – Respondent


Advocates appeared:
Chetan Jain for appellant; Kshitij Vyas for respondent No. 1; Romesh Dave for respondent No. 2.

ORDER

1. The appellant has filed the present arbitration appeal being aggrieved by the award dated 23.1.2013 passed by 22nd District Judge, Indore in MJC AV No.14/2018 whereby the application filed u/s. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996” for short) has been dismissed as time-barred.

2. Facts of the case, in short, are as under :

2.1 The appellant is a proprietorship firm engaged in the business of supply of cotton bales and other materials having its registered office at 111, Sri Kanyaka Parameswari Enclave, Etukuru Road, Guntur. Respondent No.1 contacted the appellant for the purchase of cotton bales and placed a purchase order dated 30.9.2010 for a suply of 600 cotton bales. The purchase order contains an arbitration clause and according to which, all the disputes will be settled amicably or will be referred to arbitration in accordance with the Rules and By-laws of the Cotton Association of India and the contract shall be subject to Indore jurisdiction. Since the specified quantity of cotton bales could not be supplied within the agreed time by the appellant, respondent No.1 issued a debit-note on 8.2.2011 to the appellant

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