FOOD CORPORATION OF INDIA (AMRITSAR) Vs. LEKH RAJ DHAWAN RICE & GENERAL MILLS & ITS PARTNERS AMRITSAR

JUDGEMENT

(1.) In the present case, the Food Corporation of India (hereinafter, 'FCI') entered into a contract for storage-cum-milling of paddy dated 20th October, 1994 with M/s. Lekh Raj Dhawan Rice & General Mills, Amritsar. The arbitration was conducted under the aegis of the Indian Council of Arbitration (hereinafter, 'ICA'). Disputes had arisen between the parties which were decided by the impugned award of the Sole Arbitrator dated 9th May, 2013.

(2.) An application under Order I Rule 10 CPC was filed in this case on 16th November, 2016 whereby FCI sought to implead the seven partners of the firm, who were inadvertently left out. Thereafter, the partners of the firm were represented by counsels. During the pendency of this application, it was reported that the proposed Respondent Nos.4, 5 and 6 have also expired.

(3.) The matter was then placed before Court on 15th November, 2018 on which date, notices were issued to the counsels who were earlier appearing. Mr. Arvind Kumar Tiwary has appeared and put in his appearance for Shri Gurucharan Rai, one of the partners of the firm. Submissions have been heard on behalf of the Petitioner and the said Respondent. In view of the fact that this matter is covered by the judgment of this Court in Food Corporation of India v. S. K. International [OMP 487/2011 decision dated 23rd October, 2018] (hereinafter, "FCI v. S.K. International"), no useful purpose would be served by impleading the legal heirs of the proposed Respondent Nos.4, 5 and 6 who have since expired.