NEW HARYANA TRANSPORT COMPANY Vs. HINDUSTAN COPPER COMPLEX

JUDGEMENT

(1.) THIS civil misc. appeal under Section 39(1)(vi) read with Section 51 of the Arbitration Act, 1940 (for short the Act of 1940) read with Section 151 of CPC was filed against the judgment dated 5.12.2000 passed by Addl. District Judge, Khetri, District, Jhunjhunu in Arbitration Case No. 14/1995 by the appellant M/s. New Haryana Transport Company through its agent/attorney Rattan Sharma. The court below had dismissed the objections of the appellant filed under Section 30 of the Act of 1940 and had also dismissed its applications filed under Order 1 Rule 10 CPC and under Order 6 Rule 17 CPC and it affirmed the award dated 28.7.1995 passed by the Sole Arbitrator.

(2.) A contract for transportation of finished copper products from Khetri to various godowns of Hindustan Copper Ltd. (for short HCL) situated at different places in the country was entered into between HCL and the appellant Firm on 3.8.1992. In furtherance of that contract on 15.12.1992, appellant was asked to carry 176 Bags of copper dust from Khetri Copper Complex, Khetri Nagar (Raj.) to Ghatsila (Bihar). It was alleged by the respondent that when the consignment reached Ghatsila a difference in weight of 500 Kg. Less was noted at ICC at Ghatsila and on examination, it was discovered that out of 176 Bags, 46 Bags weighing 1760 Metric Tonnes were filled with sand instead of copper dust. Allegedly, it resulted into a loss of Rs. 1,33,843.74 being cost of 46 Bags of copper dust.

(3.) THE Sole Arbitrator, who was an employee of the respondent company passed the award on 28.7.1995 and it was held by the Arbitrator that a sum of Rs. 1,33,843.74 was with -held by the respondent from claimant on account of missing copper dust of 46 Bags and the shortage was attributable to both the parties and as such 50% of the with -held amount to be released by the respondent to the claimant, but no interest will be payable by the respondent to the claimant.