ROGER ENTERPRISES PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) M/S. Roger Enterprises Pvt Ltd, hereinafter called the petitioner was awarded, a contract under AT No. AM-5/110/288/28.12.81/456/24.3.82/75/COAD/229 dated 14.7.82 for supply of one RATRAC TRACKED OVER SNOW VEHICLE model SR 300-VK with its standard accessories and spare parts. The disputes ana differences arose between the petitioner and Union of India ( Director General of Supplies and Disposal) out of the said contract. The disputes were referred to Shri R.N.Mishra and consequent upon his resignation, the reference was made to Shri Shiv Parkash, Legal Adviser to the Govt, of India who entered upon the reference and made his award on 11.9.90 disallowing the claim of Union of India being unjustified. The counter claim of the respondent was also not accepted being vague. However, they were allowed to prefer the said claim by a separate reference in the other contract for adjudication after furnishing necessary details if the amount is withheld by the Union of India against that claim.

(2.) THE petitioner filed this application under Section 14(2) read with Section 17 of the Arbitration act for filing of the awaed and for making the same a rule of the court Union of India filed objections to the said award by filing I.A-No. 10579/91 under Sections 30 and 33 of the Arbitration act pleading, inter alia, that the Arbitrator has arbitrarily and illegally, ignored the terms and conditions of the contract with reference to the packing and marking.