VIDARBHA PAPER MILLS Vs. UNION OF INDIA

JUDGEMENT

(1.) These proceedings commenced with the filing of the Award dated 28 th October 1992 by the learned Arbitrator to this Court on 26 th July 1994. The disputes adjudicated by the learned Arbitrator related to the supply by the Petitioner Vidarbha Paper Mills Ltd. ('VPML') of 147.751 MT of duplicating semi-absorbent paper to the Union of India at the rate of Rs. 9,300 per unit under the rate contract dated 13 th January 1988 vide supply order dated 17 th May 1988. The learned Arbitrator has in the impugned Award held that VPML was liable to pay to the Respondent Union of India a sum of Rs. 10,37,428.71.

(2.) Upon the learned Arbitrator on his own filing the Award in this Court on 26 th July 1994, an order was passed by the Registrar on 3 rd August 1994 directing notice to issue to the parties. VPML filed objections to the Award under Section 30 read with Section 33 of the Arbitration Act, 1940 ('Act') which was registered as IA No. 9795 of 1994. It filed I.A. No. 209 of 1995 seeking stay of the present proceedings under Section 10 of the Civil Procedure Code, 1908 on the ground that it had already instituted Civil Suit No. 76 of 1993 in the court of Judge, Senior Division, Nagpur under Sections 30 and 33 of the Act. VPML also filed IA No. 828 of 1997 seeking rejection of the suit on the ground that the filing of the Award was barred by limitation.

(3.) Certain amendments were prayed for was allowed by this Court on 28 th January 2000. I.A. No. 209 of 1995 was dismissed as not pressed.