TAMILNADU CIVIL SUPPLIES CORP LTD Vs. R SAMPATH, HANDLING AND TRANSPORT CONTRACTOR AND MR V CHANDRAN DRO (RTD ) ARBITRATOR

JUDGEMENT

(1.) This Transfer Original Petition has been filed to set aside the award dated 20.6. 2001 passed by the arbitrator and to pass a decree for recovery of Rs. 4,23,174/- made from the bills of the 1st respondent by the petitioner which is sustainable and valid and to adjust a sum of Rs. 65,657/-from the available S.D., and EMD amount of Rs. 80,000/-.

(2.) The brief facts are as under:

(3.) The petitioner-corporation called for an open tender for the appointment of handling-cum-transport contractor in City Rail Heads Movement for the year 1996-97. The 1st respondent was the successful tenderer and he was appointed as transport contractor by the petitioner's proceedings dated 12.8.1996 and 21.4.97. 1st respondent undertook to move the goods from 6.8.96 to 6.11.97. During the contract period, wharfage/demurrage charges amounting to a sum of Rs. 5,24,800/- were incurred due to poor supply of lorries for clearance of paddy wagons at City Rail Heads. Therefore after adjusting the amount of refund received from the Railway, a sum of Rs. 4,88,831/- was to be recovered from 1st-respondent. But only a sum of Rs. 4,23,174/- was recovered from 1st respondent's bills and the balance of Rs. 65,657/-was to be recovered by adjusting the available S.D., and EMD amount.