SENIOR REGIONAL MANAGER Vs. KANAHAIYA LAL JHAVAR

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order dated 06.02.2016 passed by District Judge, Jodhpur City in Civil Misc. Case no. 35AA/2010 whereby the application preferred by the respondent Kanhaiyalal under Section 34 of the Arbitration and Conciliation Act of 1996 was allowed and the award disallowing certain claims passed by the Arbitrator dated 17.08.2009 was quashed and set aside.

(2.) Briefly stated facts of the case are that M/s Rajendra Petrol Service was given a contract by appellants on 12.05.2003 for transportation of petroleum products. A dispute arose with respect to the rate of transportation of petroleum products from the point where the truck was loaded. The claimant raised the issue that HPCL did not pay him the transportation charges as per the rates applicable at loading/dispatch point on 23.09.2004, they suffered a loss of Rs. 11,30,754/-, therefore, the same was asked to be paid by the Petroleum Corporation. Since, there was an Arbitration Clause in the agreement entered into between the claimant and respondent, the matter was referred to the Arbitrator. The Arbitrator after taking into consideration the relevant pleadings, partly allowed the claims after adjudicating the dispute vide its award dated 14.08.2009 in the following terms :-

(3.) The claimant assailed the validity of the award passed by the Arbitrator to the extent that the amount of transporting the petroleum products from Jamnagar to Jodhpur, Bhatinda to Hanumangarh and Baroda to Salawas was disallowed. Learned District Judge, Jodhpur City allowed the application preferred by the respondent-claimant under Section 34 of the Act and reversed the findings of the Arbitrator rejecting the claim of the respondent-claimant for transporting the petroleum products from Jamnagar to Jodhpur, Bhatinda to Hanumangarh and Baroda to Salawas.