VICTOR CABLES INDUSTRIES LIMITED Vs. DELHI VIDYUT BOARD

JUDGEMENT

(1.) By this judgment, I would dispose of Suit No. 35/1994, Suit No. 1055/94 and Ex. 200/2000 as they all are based upon same facts between the same parties and give rise to the same questions for consideration of the court.

(2.) In exercise of the powers conferred upon, the General Manager (E) , Delhi Electric Supply Undertaking in terms of the Arbitration clause contained in the tenders of purchase order No. ST (SP-I) /te-1873/1594 dated 31.1. 1990 and additional purchase order No. ST (SP-I) /te-1873/1686 dated 19.2.90, appointed Sh. O. P. Anand as sole arbitrator to adjudicate and decide the disputes which had arisen between the parties. M/s. Victor Cable Industries Ltd. had raised certain claims against the department and the department had also raised claims. The parties gave consent for enlargement of the time upto 30th September, 1993 and the arbitrator vide his award dated 29.9.1993 made and published his award. After the arbitrator filed the award in this court on 7.1.1994, notices were issued to the parties regarding filing of the award and objections, if any. On 8th March, 1994, it was noticed that the objections have been filed. Vide order dated 28.11.2001, the delay in filing the application for condonation in setting aside the ex parte judgment of the court was allowed and the objections filed were ordered to be transferred to the appropriate file. The objections to the award which were filed on behalf of M/s. Victor Cable Industries Ltd. to the award dated 29th September, 1993 have been registered as Suit No. 35/94.

(3.) M/s. Victor Cable Industries Ltd. had filed a petition under Section 20 of the Arbitration Act, 1940 i. e. Suit No. 1055/94 praying therein that the disputes arisen from another purchase order No. ST/spi/te-1991/1329 dated 11.3.1992 be referred to arbitration. The disputes were referred to arbitration and finally in that case also, an award was passed in favour of the M/s. Victor Cable Limited on 6.2.1996. Objections to the said award were dismissed and the award was made rule of the court on 26th October, 1998. In order to execute the said decree of the court M/s. Victor Cable Industries Limited had filed execution No. 200/2000. Delhi Vidyut Board successor of DESU had filed an appeal which was registered as FAO (OS) 534/2001 and was disposed of by the Division Bench while directing that the warrant of attachment shall not take effect till the respondents' objections in Suit No. 35/1994 are decided and one month thereafter.