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1989 Supreme(SC) 138

S.RANGANATHAN, SABYASACHI MUKHARJEE
Food Corporation Of India – Appellant
Versus
Joginderpal Mohinderpal – Respondent


Advocates:
G.L.SANGHI, J.P.Gupta, L.M.SINGHVI, S.K.AGRAWAL, Y.P.RAO

JUDGMENT

SABYASACHI MUKHARJI, J.:— Special leave granted.

2. This appeal arises from the decision of the High Court of Punjab and Haryana, dated 11th Dec. 1984 dismissing the Civil Revision filed by the appellant. It appears that there was a contract entered into by the parties on or about 15th May, 1979 which provided that the appellant would give to the respondent paddy to convert these into rice after lifting paddy from the godown of the appellant. There was an agreement between the parties for shelling of paddy into rice, after lifting the paddy from the godown of the appellant, at the rate of 70% of the paddy. The shelling charge was Rs. 2.20 per quintal. The learned Subordinate Judge, First Class, directed on or about 17th March, 1980 appointment of an arbitrator on an application by the respondent. On 22nd January, 1982, the arbitrator gave his award. The arbitrator did not allow the claims of the appellant as claimed as per the terms of the agreement The arbitrator allowed certain claims. It is necessary, in view of the contentions that have been raised, to refer to the award of the arbitrator. After setting out the history the arbitrator dealt with the various contentions.


















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