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2020 Supreme(Del) 261

JYOTI SINGH
Mohan Steels Limited – Appellant
Versus
Steel Authority Of India (Sail) – Respondent


Advocate Appeared:
For The Petitioner:Mr. Harsha Peechara And Ms. Kriti Sinha, Advocates.
For the Respondent:Mr. H.S. Phoolka, Sr. Advocate with Mr. Joydeep Mazumdar, Mr. Rohit Dutta, Ms. Shilpa Diwan, Ms. Priyata Chakraborty, Mr. Sanjeev Kumar, Advocates with Mr. Vikas Gill, Manager (Law) SAIL.

JUDGMENT :

JYOTI SINGH, J.

1. Present petition had been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) seeking to set aside the Award dated 01.07.2015 passed by the Sole Arbitrator as also seeking a declaration that the recovery made by the respondent is illegal and arbitrary.

2. Brief facts germane to the present petition are that the petitioner was appointed as a Conversion Agent for the first time in the year 2006 by the respondent which is a Government Company for conversion of TMT Bars. A contract was entered into for a period of three years i.e. from 2006 till 2009 (hereinafter referred to as ‘Contract-I’) Under Contract-I, conversion charges payable to the petitioner were to be increased @ 2% every year. Consequently, the respondent revised the conversion charges for the year 2007-2008 vide letter dated 17.03.2007 as well as for the year 2008-2009 vide its letter dated 30.05.2008 and accordingly reimbursed the money at increased rate every year till the conclusion of Contract-I.

3. On 05.02.2009, petitioner entered

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