THE PUNJAB STATE CO-OPERATIVE SUPPLY & MARKETING FEDERATION LTD. (MARKFED), FEROZEPUR Vs. M/S PARSHOTTAM LAL & COMPANY AND ANOTHER

JUDGEMENT

(1.) This is first appeal by The Punjab State Co-operative Supply and Marketing Federation Ltd. (Markfed), Ferozepur assailing judgment dated 22.09.2011 passed by learned District Judge, Ferozepur, thereby dismissing appellant's petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (in short - the Act) challenging Award dated 17.05.2010 passed by Arbitrator Mohan Lal regarding dispute between appellant and respondent No. 1 Miller.

(2.) Appellant entered into agreements for two years separately with respondent No. 1 for custom milling of paddy of the appellant. Disputes arose between the parties. Some amounts were deducted by the appellant from the payments of respondent No. 1. Accordingly, respondent No. 1 filed civil suit for recovery of deducted amounts. Appellant herein moved application under Section 8 of the Act in the said suit for referring the dispute to Arbitrator. The said application was allowed and the dispute was referred to Arbitrator. The Arbitrator gave the Award dated 17.05.2010.

(3.) Appellant herein filed objection under Section 34 of the Act against Award of the Arbitrator alleging that the reference to the Arbitrator was time barred, and therefore, only remedy available to respondent No. 1 was to file suit for recovery. It was also averred that claim petition filed by respondent No. 1 was unsigned, and therefore, there was no valid claim petition. It was also pleaded that the Arbitrator exceeded his jurisdiction while deciding the matter of late submission of documents by respondent No. 1, for which the amounts had been rightly deducted by the appellant. It was also alleged that Award is not reasoned one.