UNION OF INDIA Vs. KAVITA HANDLERS

JUDGEMENT

(1.) By this petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act"), the petitioner has impugned the arbitral award dated 17 th March, 2016, in so far as the claims made by the respondent in respect of Claim Nos. 2, 4, 7, 8, 11, 12 and 17 allowed by the learned arbitrator are concerned. Some of the relevant facts for the purpose of deciding this petition are as under:-

(2.) The respondent was awarded the Handling Contract - Group No.32 Ajmer Division, Station Palanpur (TP) under the terms and conditions of the contract entered into between the parties on 9 th May, 2001 effective from 4th January, 2000 to 3rd January, 2003 and further extended upto 3rd July, 2003.

(3.) The dispute arose between the parties in respect of the said contract. The respondent invoked arbitration clause recorded in clause 33 of the contract agreement. The matter was referred to the learned arbitrator Shri Pranai Prabhakar, CTPM, Western Railway to decide the dispute and differences between the parties. The statement of claim was filed by the respondent making 18 claims before the learned arbitrator. The claim was resisted by the petitioner by filing a written statement. By an order dated 10th February, 2015, this Court in Arbitration Petition No. 455 of 2014, by consent of parties was pleased to set aside the arbitral award dated 31st October, 2013 and permitted the respondent to invoke arbitration agreement again. All the contentions of both the parties were kept open.