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1981 Supreme(Del) 133

AVADH BEHARI ROHATGI
NATWAR LAL SHAMAL DAS AND COMPANY – Appellant
Versus
MINERALS AND METALS TRADING CORPORATION OF INDIA LIMITED – Respondent


( 1 ) THE respondent (corporation) entered into five contracts with the claimants M/s Natwar Lal Shamal Dass and Co. (claimants ). The case of the claimants was that the corporation failed to take delivery of managese are within the original delivery period or the extended period. They alleged that they sustained loss and damages and were entitled to reimbursement. Dispute arose between the parties. There was an arbitration clause in the purchase contracts. The claimants made applications to this court under Section 20 of the Act in 1975, and asked for a reference of the disputes and the differences between the parties to an arbitrator to be appointed by the court. A learned Single Judge of this court referred the disputes to the sole arbitrator Sh. Chopra. The arbitrator gave five awards who sent those awards to this court. The respondents have filed objections under section 30/33 of the Act for setting aside those awards. It was contended that (1) these awards were based no evidence (2) that the arbitrator has referred to the claim, w, s" and the evidence in the awards and, therefore, it should be held that these are speaking awards and therefore the evidence before the arbitrato








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