CENTRAL WAREHOUSING CORPORATION REPRESENTED HEREIN BY ITS REGIONAL MANAGER MR P E PRASAD Vs. NATIONAL LORRY TRANSPORT AND; SHRI RAJKUMAR, SOLE ARBITRATOR

JUDGEMENT

(1.) The petitioner is challenging the award dated 23.05.2004 passed by the second respondent, under Section 34(2)(a) (iv) and (v) of the Arbitration and Conciliation Act 1996.

(2.) The petition averments are as under:

(3.) According to the petitioner, the first respondent stopped the work abruptly on and from 23.01.1995 and thereby committed breach of contract. The abrupt stoppage of work by the first respondent resulted in heavy loss to the petitioner apart from losing valuable goodwill built over the years. As the work was abandoned by the first respondent, the H & T operations had to be carried out for the unexpired contract period by appointing another contractor at the risk and cost of the first respondent. Clause XIX of the contract provides for referring the disputes to the sole Arbitration of any person appointed by the Managing Director, Central Warehousing Corporation, New Delhi. Due to the sudden stoppage of work by the first respondent on 23.01.1995, disputes arose between the parties and the Managing Directors of the Corporation on 6.12.1996 appointed one Thiru S.K. Bhatnagar, I.A.S. (Retd) as the sole Arbitrator to adjudicate upon and to give an award.