AW MALHOTRA Vs. M/S INDIRA ENGINEERING ENTERPRISES

JUDGEMENT

(1.) O.P. No. 540 of 1989 was filed by the sole arbitrator (N.N. Malhotra) under S. 14(2) of the Arbitration Act (hereinafter referred to as ?the Act?) to file the award dated 23.5.1989 into this Court.

(2.) THE first respondent, M/s. Indira Engineering Enterprises is a partnership firm having business at Door No. 35-1-20, Kanchumarthivari Street, Rajahmundry, Andhra Pradesh. THE second respondent, Oil and Natural Gas Commission (O.N.G.C) constituted under the Oil & Natural Gas Commission Act, 1959 is having its office at T. Nagar, Madras-17. THE first respondent raised a dispute which it had against the second respondent arising under the contract of handling and transportation dated 9.1.1984 and the same was referred to arbitration by the sole arbitrator as per the agreement between the parties vide:Office Order of Oil & Natural Gas Commission No. MAS/Tpt/CP/016/Vol. I/2648 dated 15.10.1984. THE arbitrator entered upon the reference on 15.10.1988 and issued notices to both parties calling upon them to file their respective statements. Respondents filed their statements and the arbitration proceedings commenced. Several sittings have taken place before the arbitrator. THE arbitrator passed an award on 23.5.1989 and the copies of the award were sent to the respondents.

(3.) ACCORDING to the first respondent in O.P. No. 540 of 1989 (Petitioner in O.P. No. 351 of 1990) the award of the arbitrator suffers from manifesterror apparent on the face of the record and so the award is liable to be set aside on the following grounds:?