MOHAMMED MAMDOUH MATWALLY GHALI Vs. KERALA AUTOMOBILES LTD

JUDGEMENT

(1.) (i) Are the findings of the Arbitrator

(2.) A brief resume of the events that have led to this appeal appears to be necessary. The appellant (hereinafter.referred to as 'the claimant') and the respondent Kerala.Automobiles Ltd. (hereinafter referred to as 'the company') had.entered into an agreement under which the company had agreed.to supply automobiles manufactured by it to the claimant, a foreign national. There is no dispute that they had agreed that disputes between them if any must be resolved by arbitration. Purchase order was placed for 144 vehicles. 48 of them were.supplied by the company. When the consignment of 48 vehicles.reached the claimant at Egypt, he raised an objection that they.were defective, unusable and not roadworthy. Disputes thus arose between the company and the claimant. They attempted to settle their disputes by direct negotiation. Parleys were held.between the officials of the company on the one hand and the claimant on the other. Ultimately they appear to have settled their disputes. The terms of the agreement/settlement were reduced to writing in the form of minutes. Ext.C10 dated. 03.11.2007 is admittedly the minutes of such meeting in which parties settled their disputes. It is not disputed that the minutes were earlier recorded, were typed later and were presented for signature of the parties. On the next day after the meeting, minutes were signed by the company and the claimant. On the side of the company, officers of the company signed the minutes. On the side of the claimant, claimant himself as also RW1, an.advocate, who was representing the claimant and who was present with him throughout the negotiation, signed the minutes.

(3.) Within a week of signing Ext.C10, the claimant issued.Ext.C11 letter dated 09.11.2007 expressing his intention not to abide by clause 7 of Ext.C10. This was followed by Ext.C12 formal notice issued by the claimant on 09.02.2008.