STATE OF ORISSA Vs. PADMAPUR TRADING COMPANY

JUDGEMENT

(1.) A decree was passed against the Appellant -State of Orissa in terms of an award giving rise to this appeal. The background is thus: M/s. Padmapur Trading Co. represented by its managing partners entered into an agreement (Ex. D) with the State of Orissa, the Appellant, for procurement of rice and paddy for the khariff years - 1952 -53 and 1953 -54. The area of operation was the whole of Budhasambar Padampur in the district of Sambalpur. The agreement Clause 16 provided for arbitration which runs thus:

(2.) THE learned Additional Government Advocate appearing on behalf of the State raises the following points:

(3.) POINT No. 2: The claim of the Respondent was under five heads before the Tribunal thus: