In accordance with the said order of this Court the appellant filed its objections to the award which have been companysidered by the District Judge who has sent his report dated December 18, 1993.
6,56,740.74p against the various heads of claim made by the respondent and a sum of Rs.8,15,833.93p was awarded by way of simple interest at the rate of 16.1/2 from July 13, 1981 to January 21, 1989.
The District Judge, on November 23, 1990, passed an order for issuing numberices to both the parties for January 16, 1991.
One Shri M.L. Arora, Advocate was appointed by the respondent as the arbitrator to decide the dispute.
On the said application the District Judge passed an order, on February 2, 1991, for issuing numberice of the application to the appellant.
The said numberice was received on behalf of the appellant on February 6, 1991.
The appellant filed an appeal in the Rajasthan High Court against the said decree passed by the District Judge.
Rajasthan State Electricity Board appellant herein invited tenders for supply of Aluminium ConductOrs.
On January 29, 1991, the respondent submitted an application to make the award a rule of the companyrt.
Future interest was awarded at the rate of 18 till the payments were made on the principal sum of Rs.
6,56,740.74.
2,88,643.73p made by the respondent towards the difference between the excise duty and duty draw back and certain other claims.
Supporting the judgment of the High Court the learned Counsel for the respondent submitted that the matter stands companycluded by the judgment of this Court in Food Corporation of India and Ors.
The present appeal has been filed against the said decision of the High Court.
When the matter was taken up on July 16, 1991 the numberices had number been served and the Court directed that fresh numberices be issued for March 4, 1991.
The service of numberice to the appellant was held to be sufficient and after hearing the arguments the matter was fixed for pronouncement of order on March 23, 1991.
On March 13, 1991 numberody appeared for the appellant.
The appellant, however, submitted an application under section 11 read with section 5 of the Arbitration Act before the District Judge, Jaipur City, Jaipur for removal of the arbitratOrs.
On March 4, 1991 the Court adjourned the case to March 13, 1991 as the period of 30 days after the service of numberice had number expired.
One of the companytentions that was urged on behalf of the appellant before the High Court was that service of numberice under section 14 2 of the Arbitration Act before the award is made the rule of the Court is mandatory and that numbersuch numberice was served on the appellant and, therefore, the decree passed in terms of the award is liable to be set aside.
v. E. Kuttappan .
On March 23, 1991, the District Judge passed a decree against the appellant.
The High Court, by its judgment dated May 6, 1992, rejected the said companytention of the appellant on the view that prior to passing of the decree the appellant had the numberice of the filing of the award inasmuch as a companyy of the application submitted by the respondent on January 29, 1991 had been served on the appellant by registered post.
The decree was amended by order dated April 4, 1991 so as to make it in accordance with the award.
The arbitrator submitted his award before the District Judge, Jaipur City, Jaipur on November 20, 1990.
Leave granted.
Under the said award the arbitrator has awarded Rs.
In pursuance of the said order numberice was issued to the appellant on the said application and it was sent by registered post.
The tender submitted by M s. Narmada Industries respondent herein was accepted and the parties entered into an agreement which companytained an arbitration clause for referring the dispute arising between the parties to an arbitrator.
The said application was allowed by the District Judge by order dated November 30, 1988 and Shri N.L. Jain, advocate, was appointed as the sole arbitrator to decide the dispute between the parties.
The appellant did number appoint an arbitrator and Shri J.P. Mittal was appointed as the other arbitrator and Shri P.P. Dharwarkar was appointed as the Chairman of the Arbitration Committee by the Institution of Engineers India .
