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2006 Supreme(Del) 889

SANJAY KISHAN KAUL
TITANIUM TANTALUM PRODUCTS LTD – Appellant
Versus
SHRIRAM ALKALI AND CHEMICALS – Respondent


SANJAY KISHAN KAUL, J.

( 1 ) THE respondent placed an order dated 04. 11. 1997 on the petitioner for designing, fabrication and supply of one CS Rubber Lined Single Stage Blower. This blower was to be used for recycling of chlorine, which was a by-product of the manufacturing processes of the respondent. The agreed price was rs. 4,66,348/- and the payment had to be made as per the terms and conditions agreed upon.

( 2 ) THE blower was supplied, though belatedly, and according to the respondent, it failed to perform satisfactorily and was not as per the specifications. This resulted in disputes between the parties and the matter was referred to arbitration through the Federation of Indian Chambers of Commerce and Industry. Justice M. K. Chawla (Retd.) was appointed as the Sole Arbitrator, who entered upon reference and made and published the Award dated 29. 12. 2000. The petitioner aggrieved by the same has filed the present objections under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred to as, the said Act ).

( 3 ) THE Arbitrator has found that the blower supplied by the petitioner was defective and, thus, the respondent was liable to be refu
























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