KALYANPUR CEMENT LTD. Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) THE petitioner M/s. Kalyanpur Cement Limited has filed objections under Section 34 of the Arbitration and Conciliation Act (The Act) to challenge the award made by the sole arbitrator Sh. B.L. Nishad on 19.05.2000 in case No. 39 -N/99. The claims of the respondent UOI arising out of a contract dated 17.04.1995 against R/C. dated 31.03.1995 for supply of Portland Cement by the petitioner to the respondent were referred to arbitration of Sh. B.L. Nishad on 05.05.1999.

(2.) THE case of the respondent Union of India before the Arbitrator was that the petitioner supplier had failed to supply the goods despite extension of delivery period up to 25.08.1995. The original delivery period expired on 30.06.1995. The respondent cancelled the contract of the petitioner at the risk and cost of the petitioner for the unsupplied quantity of cement. The respondent claimed an amount of Rs. 84,75,196.08/ - from the petitioner. The details of the claim made by the respondent were contained in exhibit 'X' filed along with the statement of claim.

(3.) THE learned Arbitrator allowed the claim of the respondent Union of India and the reasons given by him in his award read as follows: