LAWS(DLH)-2009-12-354

INDIAN INSTITUTE OF YOUTH WELFARE Vs. TRIBAL CO-OPERATIVE MARKETING DEVELOPMENT FEDERATION OF INDIA LTD.

Decided On December 15, 2009
Indian Institute Of Youth Welfare Appellant
V/S
Tribal Co -Operative Marketing Development Federation Of India Ltd. Respondents

JUDGEMENT

(1.) THESE are objections under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") challenging the award dated 19.2.2001 passed by the Sole Arbitrator. The disputes between the parties are with respect to an Agreement dated 28.12.1994 whereby the petitioner was commissioned by the respondent to conduct a survey and study with regard to the minor forest produces.

(2.) BY the Award, the Arbitrator has held that the report which is given by the petitioner is not in terms of the agreement and therefore, it is has directed refund of the monies paid by the respondent to the present petitioner.

(3.) THE relevant portion of the impugned Award which deals with the non compliance by the report submitted of the necessary requirements is as under: