Arbitration and Conciliation Act, 1996, Section 23(3) –

Judgment :

1. The Petitioners Claimants have challenged impugned award dated 27 January 2009 passed by the sole Arbitrator appointed in view of the Arbitration clause provided in the agreement pertaining to the work of Supply and Transportation to site of imported D.I. Pipes and Specials for Variav R.W.S.S. Surat for Gujarat Water Supply and Sewerage Board.

2. The Claimants prevented from performing the contract, as alleged; the Respondents refuted the same. Admittedly, the shipment did not take place. The non opening of letter of credit by the Respondents was another factor. The Claimants admittedly, received advance of Rs.60 lakhs, but quite late, as per the agreed time. There arose dispute. This Arbitration proceedings to resolve the same.

3. The first sole Arbitrator resigned on 19 May 2006. The present learned Arbitrator, entered upon the reference on 26 May 2006 and proceeded from the stage of evidence and arguments, based upon the material available on record, including written notes of arguments and the comments. The Arbitration Proceedings were closed for publishing the award on 30 December 2008.

4. The Arb