Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration Act 1940 - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration Act,1940 - ss. 29, 30, 33 and 39 - Contract between appellant and respondent requiring the respondent to lift a minimum quantity of oxygen and acetylene gas, per month - As per the contract if the respondent could not lift the minimum postulated quantity, the appellant would sell the unutilized balance amount of gas in the open market - However ; if the appellant could not sell the said unutilized gas, it would blow off the same and recover the proceeds thereof from the respondent -Appellant alleged short lifting of gases by respondent and claimed payment for the gases allegedly blown off - Plea of respondent that in terms of the contract the appellant had to inform the respondent before blowing off the gases, however, no such intimation was ever extended to it - Appellants claim allowed by arbitrator - In appeal by respondent, Single Judge of High Court upheld the award - Appeal by respondent allowed by Division Bench - On appeal, held: In terms of the .findings recorded by the arbitrator based on the evidence adduced by appellant, it is clear that on each occasion, before the shortfall of the gases were blown off, the appellant duly informed the respondent - Relevant bills were duly furnished to the respondent indicating payments claimable by the appellant - The bills raised also denoted the amounts deducted on account of the sale proceeds of the gases which the appellant sold in the open market - There was no rebuttal from respondent to these assertions made by appellant before the arbitrator - Award passed by the arbitrator affirmed-Appellant entitled to interest @ 9% on the awarded amount from the date the award was decreed. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2017 INSC 330 |
Petitioner | Kamrup Lndustrlal Gases Ltd. |
Respondent | Union Of India |
SCR | [2017] 3 S.C.R. 345 |
Judgement Date | 2017-04-11 |
Case Number | 4249 |
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