PRAGATI MGFR. AND SUPPLIERS Vs. U.O.I

JUDGEMENT

(1.) PRESENT application has been filed by the Union of India seeking condonation of delay in filing objections to the Award. For the reasons stated in the application, delay in filing objections is condoned. Accordingly, application stands disposed of. Present application has been filed by the Union of India under Section 30 of Arbitration Act, 1940 (hereinafter referred to as "Act, 1940") challenging the impugned Award dated 31st May, 1994 to the extent it rejected Union of India's counter-claim towards risk purchase loss.

(2.) IT is pertinent to mention that by virtue of the said Award, learned Arbitrator had also directed refund of security deposit and payment of balance amount under the contract dated 18th March, 1988 executed between the parties. However, the decision to refund the security amount as well as to make balance payment have not been challenged in the present application.

(3.) HOWEVER , on a perusal of the Award I find that the learned Arbitrator has rejected applicant-Union of India's counter-claim for risk purchase on the following grounds :-