HATTI GOLD MINES COMPANY LIMITED Vs. S.MADAVREDDY

JUDGEMENT

(1.) The present appeal is filed under Section 37(b) of the Arbitration and Conciliation Act , 1996 (for short 'the Act') calling in question the order passed in Arbitration Case No.04/2002 clubbed with Arbitration Case No.05/2002 dated 11.09.2009 passed by the court of the Principal District Judge, Raichur.

(2.) Brief facts of the case are as follows :-

(3.) It is the allegation against respondent No.1- Contractor by the appellant-Company that respondent No.1-Contractor had failed to transport gold ore as per the terms and conditions in the work order and was transporting lesser quantity of gold ore than what has been stipulated in the terms and conditions in the contract and it is the contention of the appellant-Company that due to lesser quantity of transportation of gold core then what is stipulated as per terms and conditions of contract, the appellant-Company was not able to produce gold as per their target and therefore sustained loss and hence as per the stipulation in the contract the appellant- Company had raised dispute for resolving the same by appointing an arbitrator who is respondent No.2 herein.