GUJARAT STATE CO-OPERATIVE MARKETING FEDERATION LT Vs. NATIONAL AGRICULTURE CO-OPERATIVE MARKETING FEDERA

JUDGEMENT

(1.) Introduction

(2.) Gscmf has assailed the award in question primarily on three grounds. First, that NAFED's counter claim was not referred to the Arbitrator, therefore, the impugned award in so far as it awards the counter claim in favour of NAFED is without jurisdiction. Secondly, that the counter claim preferred by NAFED was barred by limitation in as much as the goods in question (cotton) were procured and supplied to NAFED in the year 2009. And thirdly, that the counter claim is based on an allegation of under recovery of seed and lint and since there were no norms fixed for such recovery, and thus, the counter claim of NAFED was without any basis. Factual background

(3.) Gscmf is a state level co-operative society registered under the Gujarat Co- operative Societies Act, 1961, dealing in purchase and sale of agricultural produce. NAFED is a national level co-operative society registered under the Multi State Co-operative Societies Act, 2002 with the aim and object to organize, promote and develop marketing, processing and storage of agricultural, non-agricultural, horticulture and forest produce and also to undertake and promote inter-state and international trade and commerce on its behalf and on behalf of government and government organizations.