SATELITE CABLES PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) By this order, I propose to dispose of the objections filed by the petitioner/claimant under Sections 30,33 of the Arbitration Act.

(2.) . A few facts leading to the controversy in question may be stated at the outset. On 19-6-1990, an agreement was entered into between the respondent Union of India and the petitioner/claimant for supply ofPVC(AL) cables 16 sq. mm. to 120 mm. by the petitioner to the respondent. Consequent upon certain disputes having arisen in between the parties, the matter was referred to the sole Arbitrator. TheArbitratorrenderedhisawardon29-12-1995.Thepetitioner/claimanthasfiled objections under Sections 30 and 33 of the Arbitration Act to the award being made a Rule of the Court. Petitioner's main grievance is that the Arbitrator has committed a patent error in allowing the counter claim of the respondent. On the contrary, it is contended by the respondent that the respondent suffered a loss of Rs. 3,33,560.13 on account of non-execution of the supply order and so the respondent was entitled to recover the said amount from the petitioner.

(3.) . In view of the aforesaid rival contentions, the following issues were framed: