Equipment & Conductors (P) Ltd. vs Union Of India (Uoi) And Ors.
1999 Latest Caselaw 586 Del

JUDGMENT

Vikrmajeet Singh, J.

1. Mr B.P. Aggarwal learned counsel for the respondent has vehemently argued that there was no evidence before the learned Arbitrator which would justified his awarding a sum of Rs 1,01,180.40. It is however not disputed that the respondent had not challenged or stated in the earlier proceedings that no payment has been made by the claimants on accounts of increase in Excise Duly and Sales Tax . In my view, if this payment had not been disputed , there was no obligation or duty on the part of the claimant to actually prove , by filing a certificate of the Chartered Accountant or some other means, that these payments have been made. (No other grounds have been shown on behalf of the respondent which would warrant the setting aside of the award)

2. Learned counsel for the U.O.I, has further argued that objections against the award have also been filed on behalf of the claimant and that , therefore the 'entire dispute should be remitted back to the Arbitrator for fresh consideration. In the alternative , he states that only a sum of Rs 1,01,180.40. should be paid and the remaining amount be remitted back . Counsel for the claimant, i.e. M/s Equipment Conductors & Cables Ltd., however submits that the error on the part of the Arbitrator is apparent from the record itself inasmuch as there is no dispute that his claim is for a sum of Rs 3,40,555,37 which is the actual amount typed in the Award and thereafter , this figure has been changed to Rs 1,01,180.40 . Learned counsel appearing on behalf of U.O.I. states that this is the entire amount awarded by the Arbitrator and therefore this ought not to be varied by the Court.

3. I however find that the arbitrator has allowed Claim No. 1 of the claimant and that this has obvious reference only to the sum of Rs 3,43,555.37. The position may have to be different if in the amount awarded against claim for No 1 the Arbitrator had mentioned the figure Rs 1,01,100,40. This is not the case . Hence in respect of the claim for Rs 3,43,555.37. less Rs 1,01,100.40. which he has awarded , the dispute is remitted to the Arbitrator for fresh decision.

4. In view of these finding the claim to the extent of Rs 1,01,100.40. is made Rule of Court along with interest @ 12% per annum from the date of the award till its payment.

5. This order will also dispose of S.No 2346-A/95 . The parties shall left to bear these own costs.

6. A decree sheet be drawn up accordingly.