TUNGBHADRA INDUSTRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner filed petition under Section 14(2) of the Arbitration Act, 1940 alleging that the petitioner and respondent No.1 entered into a contract bearing A/T No.J.13031/4/4/85-PUR.iV dated 4.1.1985 for supply of Vanaspati to Defence Services. Disputes between the parties with respect to the performance of the above said contract were referred to the sole arbitration of respondent No.2. Respondent No.2 gave notice of the award alongwith signed copy of the award dated 20th April, 1990 to the petitioner which was received on 3rd May, 1990. it is prayed that respondent No.2 be directed to file the award alongwith the arbitration proceedings in arbitration case No.9-F/89 in Court.

(2.) In response to the notice of the filing of the award by respondent No.2, respondent No.1 filed objection under Section 30 & 33 of the Act being IA No. 14076/92. It is alleged that extention of delivery period granted by respondent No. 1 to the petitioner was subject to recovery of liquidated damages. Respondent No.1 was put to great inconvenience due to failure of the petitioner in not supplying the stores on due dates of deliveries. Conclusion arrived at by the arbitrator as regards award on claim No.3 is thus erroneous & liable to be set aside.

(3.) Petitioner did not choose to file any reply to the objections.