SHIVALIK FASTNERS PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal filed under Sec. 37 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') seeking to set aside the judgment dtd. 21/2/2015 passed by the Additional District Judge, Sahibzada Ajit Singh Nagar (Mohali), dismissing the objections filed under Sec. 34 of the Act for setting aside arbitral award dtd. 18/9/2012.

(2.) A few facts need to be noticed for adjudication of the instant case. The respondents herein floated a tender No. 02081119 for purchase of the item called "Transom Complete for Air Spring Suspension Bogie". In response to the tender, the appellants submitted their offer for supply of 1428 number of the said item at the basic price of Rs.12,700.00, vide his offer dtd. 23/7/2008. The offer was accepted by the respondents and Purchase Order was subsequently issued on 27/9/2008. Thereafter, a dispute arose between the parties regarding excise duty, sales tax etc. to be paid. The matter was referred to an Arbitrator for settlement, as per the terms of the reference, which are as under:-

(3.) The Arbitrator so appointed came to the conclusion that an amount of 6,24,215.00, had rightly been deducted towards excise duty, sale tax etc. and the plea for refund of the same was rejected. Aggrieved against the said award, objections under Sec. 34 of the Act came to be filed before the Additional District Judge, Mohali, who, on merit, came to the conclusion that there was no infirmity in the award so passed and dismissed the objections. Aggrieved against that judgment, the instant appeal has been filed.