LAWS(DLH)-2002-5-42

HIMPEX PRIVATE LIMITED Vs. NATIONAL FERTILIZERS LIMITED

Decided On May 13, 2002
HIMPEX PRIVATE LIMITED Appellant
V/S
NATIONAL FERTILIZERS LIMITED Respondents

JUDGEMENT

(1.) The award dated 6.3.1995 which is sought to be made rule of the court has been assailed by the respondent-objector on the following grounds:-

(2.) while elaborating the aforesaid grounds, Mr.M.Haravo, learned counsel for the respondent-objector has referred to clause 5 of the purchase order dated 30th August, 1990 which is as under :-

(3.) The purchase order dated 13/11/1990 also contained the same clause. 2% of the sales tax payable under the contract is referred to the sales tax paid by the petitioner in Himachal Pradesh whereas the petitioner has claimed reimbursement of further 2% sales tax on the purchase of Jute fabric from Calcutta.