NAGINA ENTERPRISE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE respondent Union of India, has filed its objection under Sections 16,30 and 33 of the Arbitration Act against the award dated 30.3.1990 made and published by Sh. Shiv prakash, sole Arbitrator. It was submitted by the Counsel for the parties that the arbitral proceedings be treated as evidence and apart from that no evidence was required to be led by any of the parties.

(2.) THE objections were therefore, taken up for hearing at the request of the parties. THE facts in brief giving rise to the present objections are as under :- (i) THE petitioner had entered into a contract with the Union of India through the Director General Supplies and disposal for supply of five lakhs soap cakes @ Rs. 2.03 per lakh. THE supplies were initially to be completed by 31.12.1984. THE delivery period was extended at the request of the petitioner upto 12.3.1985.2,10,000 soap cakes were offered for inspection on 11.3.1985, out of the above 1,80,000 soap cakes were accepted and 30,000 soap cakes were rejected as not being as per the specifications. THE delivery date was thereafter again extended to 2.11.1985. THE petitioner offered on 16.10.1985, 2,55,000 soap cakes, which were rejected on inspection as found to be containing certain glisteningforeign material. THE petitioner again, offered for inspection 17,000 soap cakes which were inspected and accepted on 6.3.198