1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION NO.1439/2008 IN WRIT PETITION NO.3251/2006 (Decided) M/s. International Combustion (India) Limited through its Manager ...Versus... M/s. Stellar Industries, through its Partner -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri S.V. Bhutada, Adv. for applicant] CORAM:- A.B. CHAUDHARI, J. DATED :- 11.12.2008 Learned Counsel for applicant in support of the review petition argued that arbitration clause – 19 is widely worded to include even the statutorily payable interest under the provisions of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 and not only that even Section 6 (1) of the same Act provides the mode of recovery either by filing civil suit or by approaching Arbitrator and hence, there is error apparent on the face of record in the judgment rendered by this Court. 2 Having gone through clause – 19 of the Agreement, so also Section 6 (1) of the said Act, I find that claims of interest in normal course in respect of commercial transactions are all certainly covered under clause – 19 of the Agreement. But then the grant of statutory interest under the provisions of the said Act of 1993 cannot be said to be a part of clause – 19 of the Agreement. Section 6 (1) of the Act of 1993 gives a choice to the party either to go to Civil Court or to the Arbitrator, provided the arbitration clause provides for making claim before the Arbitrator. But since I have already held that clause – 19 of the Agreement does not relate to the claim for statutory interest under the Act of 1993, it is not obligatory on the part of the original plaintiff to make claim before the Arbitrator. There is no error in the impugned judgment under review. Misc. Civil Application is, therefore, dismissed. No order as to costs. JUDGE ssw