TRIVENI ENGINEERING INDUSTRIES LTD. Vs. DASUYA CO

JUDGEMENT

(1.) On 27th April 1991 the Dasuya Cooperative Sugar Mills Ltd., Dasuya, District Hoshiarpur (hereinafter referred to as the 'respondent no. 1') which expression includes its successors and assignees entered into a contract with M/s. Triveni Engineering Works Ltd., New Delhi (hereinafter referred to as the 'claimant'), to design, manufacture and procure, supply, transport to site and supervise the erection and commissioning of the respondent no. 1's proposed sugar plant at Village Randhawa, Tehsil Dasuya, District Hoshiarpur, according to the specifications etc., given in annexures I to V forming part of the Agreement, against a total consideration of Rs. 1690.00 lacs. The claimant undertook to commission and make ready for commercial production, the sugar plant by 30th Sept., 1992. The time was the essence of the contract.

(2.) As disputes arose between the parties, the claimant invoked the arbitration clause contained in the agreement. Sh. R.N. Aggarwal, Retired Chief Justice of this Court, was appointed as the Sole Arbitrator. The claimant impleaded, along with defendant no. 1, the Punjab State Industrial Development Corporation Ltd. (in short, the 'PSIDCL') and Northland Sugar Mills Ltd. as respondents no. 2 and, 3 in the arbitration proceedings. The Arbitrator entered upon the reference and ultimately made and published the award dated 13th Sept., 1996 and intimate this fact to the parties vide letter dated 13th Sept., 1996. The Sole Arbitrator also filed the award in this Court which was registered as CS (OS) No. 2708A/96. Notice of filing of this award was served upon the parties. Pursuant thereto, the claimant as well as PSIDCL and Northland Sugar Mills Ltd. filed their objections which are registered as IAs No. 5243, 5655/97 respectively.

(3.) Para 85 of the award would indicate that following claims of the claimant are awarded: <FRM>JUDGEMENT_228_LAWS(DLH)1_20061.html</FRM>