ASHOK TUBES Vs. STEEL INDUSTRIES OF INDIA

JUDGEMENT

(1.) THIS is a petition under section 30 read with section 33 of the Arbitration Act, 1940 for setting aside the award passed by the sole arbitrator Mr. Suresh Deorah.

(2.) BRIEFLY stated, the facts and circumstances leading to this petition are as follows:

(3.) ON 15th April, 1983 the respondent addressed a letter to the Assistant Collector of Customs, Mumbai stating that refund should not be made to the petitioners as the actual import was made by the respondent and not by the petitioners. The petitioners, however, maintained before the customs department that all customs duty, expenses, port charges, etc. , had been paid by the petitioners and the respondent were merely acting as a letter of authority holder for and on behalf of the petitioners. On 21st April, 1983 the petitioners and the respondent signed an agreement whereunder the petitioners agreed to assign a sum of Rs. 45,90,000/- to the respondent subject to terms and conditions of the agreement.