1982-COMPLJ-2-291 , 1983-CALWN-87-61 , 1983 (TLS)517068

HIGH COURT OF CALCUTTA

Coram : Pratibha Bonnerjea

Award Case 230  Of  1981

(JULY 08, 1982)

INDIAN IRON AND STEEL CO. LTD. VS. C. G. ENGINEERING PRIVATE LTD.

PRATIBHA BONNERJEA, J.

( 1 ) THIS is an application for setting aside the award No. CG/19/79/381 dated 2-9-1981 made and published by the Tribunal of Arbitrators of Indian Chamber of Commerce.

( 2 ) THE petitioner is a manufacturer of iron and steel materials and the respondent is a dealer of iron and steel materials as well as of Galvanized corrugated sheets. Since July 1973, the respondent has business transactions with the petitioner's branch in Calcutta. On 15-12-76, the petitioner allotted in favour of the respondent 2 wagons of defective G. C. Sheets 0. 63 mm. and 2 wagons of defective B. P. Sheets 16/24 G to be supplied on a "priority" basis from Burnpur Works. Two works orders being MDS/ W. BEN/a/10685 and MDS/w. BEN/a/ 10686 both dated 29-12-T6 were issued by the petitioner in favour of the respondent. After all the formalities were completed, the petitioner despatched 2 wagons of defective B. P. Sheets against works order No. A10686. It is the resp