HINDUSTAN STEEL LIMITED Vs. VED PRAKASH RAMLAL

JUDGEMENT

(1.) THIS is an appeal against a judgment and order dated 3rd January, 1974 passed by a learned single Judge of this Court whereby the learned Judge refused to set aside an award on an application under Sections 30 and 33 of the Arbitration Act, 1940 by the appellant, Hindustan Steel Limited.

(2.) THE appellant made by the said application under sections 30 and 33 of the Arbitration Act, 1940 for setting aside the award on the ground, inter alia, as follows :

(3.) IN the present appeal the allegations of misconduct against one of the joint arbitrators was not seriously pressed on behalf of the appellant. In the instant appeal, it was argued with great emphasis that the learned joint arbitrators have misconstrued the terms of the contract and other relevant documents in coming to the finding that no delivery period was fixed under the contract and that the time was not of its essence. The learned Counsel for the appellant has taken us through various provisions of the contract and other documents to show that time was of the essence of the contract and that the entire quantity covered under the contract was to be despatched within 6 months from the date of the issue of the work order.