SACO RUBBER PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment will dispose of the objections filed by the respondent-Union of India under Sections 16,30 and 33 of the Arbitration Act impugning the Award dated July 15, 1994 to the extent it allowed claims of the petitioner and rejected counter claims of the respondent.

(2.) The claimant had entered into a running contract with the respondent for supply of Canvas Shoes vide AT No.RGC/WL-3/Shoes Canvas/0598/82-83/63/II/870/PAOD dated 6.7.1982, but the claimant failed to complete the supply and the contract was rescinded by the respondent for the balance quantity at the claimant's risk and cost. The petitioner claimant as a consequence filed an application under Section 20 of the Arbitration Act in this Court as a result of which claims as detailed in the Annexure attached to the statement of claims were ordered to be referred to arbitration and the Director General Supplies & Disposals appointed Mrs.R.Lakhmanan as arbitrator but she having been transferred resigned from the case and Dr.B.N.Mani, Additional Legal Advisor was appointed in her place. The parties filed their statement of claims, counter claims, documents as well as affidavits in support of their contentions. Dr.B.N.Mani retired on reaching the age of superannuation and resigned as arbitrator from the case and the matter was not concluded. Thereafter the case was entrusted to the present arbitrator as appointed by this Court on January 16, 1991 in OMP No.34/90. The petitioner claimant filed written submissions with regard to its claims and the Union of India filed counter claims on 6th April, 1992 to which replies were filed.

(3.) The petitioner raised the following claims before the learned arbitration for adjudication: "Claim No.1 Value of 38,668 pairs @ Rs.15.31 per pair duly inspected for supply (At the time of filing of Section 20 petition, there were 61558 pairs ut of which 22890 pairs were sold on 11th April 1986 by way of distress sale). Rs.5,92,008.00