(1.) WHILE OMP No. 29/2003 has been filed challenging the enforceability of arbitration Award No. 1030 dated 30th August, 1996, the Execution Petition bearing No. 168/1998 has been filed for its enforcement. Similarly, while OMP No. 204/1998 has been filed challenging the enforceability of Award No. 1034 dated 16th October, 1996, Execution Petition No. 169/1998 has been filed for its enforcement. Since disputes between the same parties arise out of a common contract, all the four petitions are being disposed of by a common judgment.
(2.) THE relevant facts in all the four petitions are that on 1st August, 1994 a contract was executed between M/s. Jindal Exports Ltd. (hereinafter referred to as "petitioner ") and Fuerst Day Lawson Ltd. (hereinafter referred to as "respondent ") for supply of 108 metric tons of Indian Menthol Crystals @ US$ 9.25 per kg. less 2% commission to the respondent. The shipment schedule indicated that supply was to be made in three stages as under :-
(3.) IT is the petitioner 's case that due to excessive heat and extremely low rainfall, mentha crop got badly damaged resulting in shortage of crude mentha oil required for manufacturing Menthol Crystals and consequently, suppliers of crude mentha oil backed out. Though initially the respondent extended the time for shipment, on 20th November, 1995 respondent wrote a letter to the petitioner stating that petitioner was in repudiatory breach of its shipment obligation. Respondent invoked the arbitration clause and claimed damages for default.