SOUTH EASTERN COALFIELDS LTD Vs. M. R. BELTINGS

JUDGEMENT

(1.) The petitioner in his usual course of business has issued supply order to respondent No. 1 for supply of 5400 mtrs. of 1000 mm FR grade rubber conveyor belt on 18/5/2014. As per supply order, the respondent No. 1 was to complete the supply of entire material upto 2/8/2014 but the firm after expiration of time schedule given for each of supply, has supplied the material on 18/8/2014 and 14/9/2014 to the tune of 2443 mtrs. and balance quantity was required to be supplied to the tune of 2957 mtrs.

(2.) Learned counsel for the petitioner would submit that the respondent was requested to supply the material within stipulated time period but the firm failed to supply the balance quantity of 2957 rubber belting despite the extension of the said delivery period but no supply was made. Thereafter, the respondent No. 1 has made an application before respondent No. 2-Haryana Micro & Small Enterprises Facilitation Council claiming the dues on 5/3/215 which was registered as Claim Application No. 48/2015. The petitioner raised objection and detailed reply was also filed and vide order dtd. 4/4/2016, respondent No. 2 appointed Shri C.B. Jagla, Retired District Judge, Gurgaon as Arbitrator. The petitioner has challenged these proceedings before this Court by filing present writ petition and has prayed for following reliefs:-

(3.) Learned counsel for the respondents have raised objection about maintainability of the writ petition mainly contending that the Facilitation Council has already passed the award on 24/8/2016 directing the petitioner to pay the amount as detailed in paragraph 17 of the award which reads as under.