MADAN B. LOKUR, J.

( 1 ) THE Petitioner has filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act) challenging an Award dated 2nd March, 2001 passed by a retired Judge of this Court.

( 2 ) THE broad facts are that the Petitioners and the Claimant entered into a contract for the supply of 28892 meters cube of Malaysian Balau timber having a certain level of strength and other properties like density, maximum crushing strength, etc. for use as sleepers in railway tracks.

( 3 ) ACCORDING to the Claimant, on receipt of the timber from Malaysia and at a pre-dispatch stage to the sub-contractors/associates of the Claimant, the timber was required to be inspected by officers of the Petitioners and if it met the contractual requirements, it was embossed with a hammer mark and a property mark.

( 4 ) IT appears that in April, 1990 the Petitioners had drawn representative samples and had sent the same to the laboratory of the Government of Andhra pradesh, Department of Industries, Vishakhapatnam to ascertain the species and origin of the timber and to carry out other related tests. The report of the laboratory was admittedly in favour of the Claimant.

( 5 )

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