JAIN ENTERPRISES Vs. UOI

JUDGEMENT

(1.) THIS appeal is against the judgment and order passed by the learned Single Judge dismissing objections filed under Sections 30 and 33 of the Arbitration Act, 1940. Disputes having arisen between the parties, the same were referred to the Board of Arbitrators in terms of the arbitration clause. The arbitration clause did not require the arbitrators to give reasons. Disputes were with regard to supply of 25,000 sum of 65 mm gauge hand broken stone ballast duty stacked and to be loaded into Rail Borne Trucks at TKD.

(2.) THE said Board of Arbitrators considered both the claims and counter claims of the parties and thereafter passed an award on 12th May, 2004.

(3.) COUNSEL appearing for the appellant submits that the learned Arbitrators did not take into consideration the letter of the respondents dated 12th November, 1992. It is stated that if the aforesaid document was taken into consideration, it would have been established that there was no default on the part of the appellant in making the supplies of 25,000 cum of 65 mm gauge hand broken stone ballast duty stacked and to be loaded into Rail Borne Trucks at TKD.