Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PUNJAB STATE CIVIL SUPPLIES CORPORATION LTD – Appellant
Versus
AMIT RICE MILLS & ORS – Respondent
sJUDGMENT :
JASGURPREET SINGH PURI J.
1. The present appeal is the first appeal assailing the judgment dated 28.09.2013 passed by learned District Judge, Moga, whereby the objections filed by the respondents herein against the present appellant were allowed and the arbitral award dated 11.03.2010 passed by learned Arbitrator was ordered to be set aside.
2. While giving the brief facts of the present case, learned counsel for the appellant submitted that there was an agreement between the appellant and the respondents.The appellant is a procurement agency which after purchasing the paddy from the market, is required to deliver the same to respondent-Rice Sheller for the purpose of shelling of the paddy. As per the Government policy a fixed percentage of the rice so shelled was required to be returned back to the appellant which was then to be given to the Government. However, in the present case, when the respondents were entrusted with 69,736 bags of paddy, they failed to return the shelled rice to the appellant according to the terms of the agreement and the Government policy, which led to a dispute between the parties. He submitted that in pursuance of the arbitration clause contai
Arbitration - Agreement - Once arbitration clause 27 stood invoked by applicant and in terms of clause 27 Divisional Commissioner, nominated Additional Collector to entertain and decide arbitration p....
The amended procedural provisions of the Arbitration Act are applicable retrospectively to pending arbitral proceedings, and interference by the court is limited to cases of exceptional rarity or cle....
An arbitration agreement exists despite challenges, and an independent arbitrator must be appointed due to conflicts of interest with the originally named arbitrator.
The interpretation of contractual clauses by an Arbitrator cannot be interfered with unless it is unreasonable or against settled legal principles.
The court upheld the validity of the arbitral award, emphasizing limited grounds for judicial interference and the necessity of demonstrating clear error or illegality.
The main legal point established in the judgment is that the decision of the Central Government to insist on the supply of fortified rice by rice millers was within the purview of the Custom Milling ....
The court clarified that arbitrators must adhere to contract terms and jurisdictions, emphasizing contractual intentions while affirming the non-speaking nature of specific awards.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
