MARKANDEY KATJU, H.K.SEMA
M. B. PATEL & CO. – Appellant
Versus
OIL & NATURAL GAS COMMISSION – Respondent
ORDER
This appeal is filed against the judgment and order dated 11.07.2000 of the High Court of Gujarat at Ahmedabad in First Appeal No.418 of 1986 whereby the High Court set aside the award dated 03.05.1985 passed by the Arbitrator. The High Court set aside the aforesaid award on the following reasonings :
(a) that an arbitrator or umpire has misconducted himself in the proceedings; (b) that there appears to be an error on the face of the record inasmuch as the Umpire has overlooked clauses 14 & 18 of the Arbitration Agreement;
(c) that the Umpire has traveled beyond the scope of the contract between the parties on certain items and claims and
(d) that he has rendered lump sum award making it totally unintelligible.
On the aforesaid premises the award was set aside.
2. In the present case the contractor claimed Rs.30,425/- for abandonment of contract. This was the first claim. The second claim was for Rs.30,213/- for illegal deductions made by ONGC. The third claim was for Rs.2,00,000/- for not supplying the material in time by the ONGC. The fourth claim was loss occasioned by the contractor for keeping his establishment alive and on this head the claim was for Rs.3,50,000/-. The
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.