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2001 Supreme(SC) 158

SHIVARAJ V.PATIL, S.RAJENDRA BABU
Paradip Port Trustetc – Appellant
Versus
Unique Builders – Respondent


JUDGMENT

Shivaraj V. Patil, J.-These two appeals are directed against the order dated 25.8.1992 passed by the High Court of Orissa in Miscellaneous Appeal No.228/1987. For convenience, we will refer to Paradip Port Trust as the Trust and Unique Builders as the Company .

2. The Trust entered into an agreement with the company on 31.3.1981 for sale of scrap. Certain disputes arose between the parties. Pursuant to the arbitration clause contained in the said agreement they came to be referred to an arbitrator. Shri B.P. Das, Advocate, was appointed as Arbitrator; he entered into reference and after conducting the proceedings passed the award on 1.6.1985 to the effect that the Company was entitled to receive a sum of Rs.8,51,315/- together with the interest @ 18% per annum from 28.9.1992 from the Trust. The parties did not lead any oral evidence before the Arbitrator and relied only on the correspondence between them. The award passed by the Arbitrator did not contain any reasons and is a non-speaking one. The Court of Subordinate Judge, Jagatsinghpur, on receipt of the award, issued notices to the parties. The Trust filed objections challenging the award on various grounds. The






























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