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2009 Supreme(Del) 818

RAJIV SAHAI ENDLAW
GAUTAM ASSOCIATES – Appellant
Versus
FOOD CORPORATION OF INDIA – Respondent


Advocates appeared:
Mr. Yakesh Anand, Advocate.
Mr. Ajit Pudussery, Advocate.

RAJIV SAHAI ENDLAW, J.

1. Application of the petitioner for condonation of delay in re-filing the petition under Section 34 of the Arbitration & Conciliation Act, 1996 is for consideration.

2. The petition is filed with respect to arbitral award dated 31st July, 2002. The arbitral tribunal comprised of three retired judges of High Court. The majority award has awarded to the respondent Food Corporation of India (FCI) a sum of Rs.2,72,70,671/- together with interest on Rs.2,23,43,405 at 15% per annum from the date of reference till the date of payment besides costs. The minority award also awards a sum of Rs.1,45,67,405/- to the respondent FCI together with interest at 15% per annum from the date of reference. The minority award further observes that Shri Manjeet Singh, sole proprietor of the petitioner herein had died during the course of arbitration proceedings and his legal representatives have been brought on record and further directs that the legal representatives are not personally liable to pay the awarded amount to the respondent and their liability is only to the extent of the estate of the deceased inherited by them.

3. The arbitration was under the aegis of the Indian Co








































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