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1997 Supreme(Del) 884

C.M.NAYAR
MUNICIPAL CORPORATION OF DELHI – Appellant
Versus
CYCLE EQUIPMENT PRIVATE LIMITED – Respondent


Advocates Appeared:
AJAY JHA, MUKUL DHAVAN, V.P.Singh

C. M. Nayar

( 1 ) THIS judgment will dispose of the objections filed under Sections 30 and 33 of the Arbitration Act, 1940 by the petitioner for setting aside the Award dated 29th May, 1984. The facts which are incorporated in the application are. referred to in paragraphs 1 to 5 which may be reproduced as follows :

"1. That on the request of the respondent No. 1 load of 1707 KV for power and 9. 5 KV for lighting, total 1716. 5 KV was sanctioned as per revised agreement dated 15th November, 1977. 2. That it was agreed between the parties that the Tariff Schedule LIP will be applicable. 3. That one of the gadgets described in the Test notice submitted by the respondent No. 1 was electric arc furnace which as per specifications given in the test notice was rated as 1400 KW and as is the practice, the same was accepted as correct. 4. That on inspection by the Enforcement Department of DESU on 4th August, 1978 a load of 2080 KWA of the arc furnace besides load of 194. 17 HP for other installations was found which was in excess of the sanctioned load. Therefore, a notice for the levy of 25% surcharge was served on the respondent No. 1 vide letter dated 29. 8. 1978. Another notice was serv




























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