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2004 Supreme(UK) 401

RAJESH TANDON
Tehri Hydro Development Corporation Ltd. – Appellant
Versus
Karam Chand Thapar – Respondent


Advocates appeared:
For the Appellant :Sri U.K. Uniyal, Sr. Adv. & Sri Sobhit Saharia, Advocate.
For the Respondents:Sri Y.K. Kohli, Sr. Adv. & Sri I.P. Kohli, Advocate.

JUDGMENT

Hon'ble Rajesh Tandon, ,T.-Heard the learned counsel for the parties.

2. Present appeal has been filed against the judgment and order dated 4.8.1995 passed by the District Judge, Tehri Garhwal, thereby rejecting the petition of the appellant under section 30 and 33 of the Arbitration Act for setting aside the award.

3. Briefly stated, an agreement was entered between the appellant and respondent no. 1 on 28.4.1978 for manufacturing Chain Link Fabric of approximate 50 mm mesh woven from 9 SWG steel wires. The respondent no. 1 did not use 9 SWG steel wires and used 10 SE Steel wires, which is inferior in quality for manufacturing the chain link fabric. The appellant accordingly reduced the amount to Rs.55/- per Sq. M. whereas the respondent no. 1 claimed a rate of Rs.71/- per Sq. M., which was refused by the appellant. This raised a dispute, which was referred to arbitration.

4. The arbitrators gave an award on 5.3.1994 allowing the claim of respondent no.1 and fixed the rate of Rs.65/- per sq. m. The arbitrators accordingly held that Rs.1,92,347.28 was payable to the claimant respondent no.1. They further allowed payment of interest @ 12% per annum on the aforesaid amount from




























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