( 1 ) THESE are objections to part of an award dated 9th August, 2000 passed by Shri b. K. Sharma, IAS (Retd) inter-alia on the ground that the findings are perverse, and also on the ground that the impugned findings amount to arbitrator creating a contractual provision and also the arbitrator thereby going contrary to the terms of the contract between the parties.

( 2 ) THE Subject matter of the disputes related to a contract for transportation of cargo from the then newly set up inland container depot at Kanpur, to Mumbai port and back in relation to import/export consignments for a period of two years from 6. 7. 1995 to 5. 7. 1997, with a spill-over period of further three months beyond the original stipulated period viz 6. 7. 1997 to 5. 10. 1997.

( 3 ) CERTAIN background facts regarding the nature of the work involved and the circumstances leading to the execution of the contract itself, would require to be set out

( 4 ) KANPUR being a city which is the hub of exports and imports, as such the government of India, with a view to create the necessary infrastructure for facilitating exports and generation of foreign exchange thereby, set up an inland container depot at K