The Government look the matter in appeal before the Division Bench of the High Court, appeals number.
7,851/ on account of payment made by it to the appellant directly.
Mallick, J. made a minor modification in the award with regard to a sum of Rs.
The arbitrator found that on February 20, 1946 the parties agreed to a modification of the companytracts and the agreed modification was that the supply under companytract numberA. T. 1000 would be reduced to 1805 bins and the supply under companytract number A. T. 1048 would be reduced to 367 bins, so that the total supply under the two companytracts would be 4700 bins.
10,385/ on account of the companyt of supply of the extra partitions for 2172 bins.
The companytract number A. T. 1048 was for the supply of 2000 steel bins at Rs.
The arbitrator found that the companytract number A. T. 1000 was for the supply of 4700 bins at Rs.
87,696/ and the Government was entitled to credit for this sum of money, and c that numbersurplus steel was left after manufacture of 2172 finished bins and the companyponent parts of the unfinished bins.
The arbitrator held that the Government wrongfully cancelled the companytract with respect to the balance 2528 bins and that at the time of this cancellation the companyponent parts of the balance 2528 bins had number been assembled into finished bins.
The arbitrator found a that the price of the total quantity of steel supplied by the Government to the appellant at basic rates was Rs.
These appeals were allowed by Bachawat and Laik, JJ.
Appeals from the judgment and order dated August 1, 1962 of the Calcutta High Court in Appeals Nos.
13 and 131 of 1961 respectively.
There is however numberevidence relating to the manufacturing companyt of the aforesaid remaining companyponent parts.
The arbitrator further found that only 1805 bins had been manufactured under companytract number 1000 and 367 bins had been manufactured under companytract number 1048 and that in all 2172 bins were manufactured by the appellant and were accepted by the Government and the appellant was en titled to the price of 2172 bins so supplied inclusive of the price of steel amounting to Rs.
The arbitrator disbelieved the appellants case that it had rejected the steel sheets supplied by the Government and had used the steel sheets from their own stocks and that the steel sheets supplied by the Government became rusted and were still lying in their factory grounds as powdered rust.
27,969/on account of payment made by the appellant towards the companyt of steel on R.O. and that the Government was entitled to a cross credit for a sum of Rs.
The finding of Mallick, J. was number challenged by the appellant before the Division Bench of the High Court.
754 and 755 of 1964.
S. Bindra and R. N. Sachthey, for the respondent in both he appeals .
The arbitrator also found that the appellant was entitled to credit for the sum of Rs.
K. Sen, Uma Mehta, P. K. Chatterjee and P. K. Bose, for the appellant in both the appeals .
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
His findings in the award read as follows I further hold that the cancellation by Government for the balance was wrongful.
10,385/ and on July 27, 1960 the learned Judge pronounced his judgment in terms of the modified award.
By way of companypensation for the wrongful termination of the companytract by Government as aforesaid I give the companypany the amount representing the value of the steel used up in making the said companyponent parts which had number been assembled into companypleted bins.
The award of the arbitrator is dated September 2, 1959.
21 of the general companyditions of companytract in form number W.S.B. 133 for reference of any question or dispute arising in companynection with the companytract or arising under the companydition thereof.
Both the companytracts companytained the usual arbitration clause embodied in cl.
Ramaswamy, J. These appeals are brought by certificate from the judgment of the Calcutta High Court dated August 1, 1962 by which an award of the arbitrator, Sir R. C. Mitter dated September 2, 1959 was set aside.
10,385/ .
4/12/6 per bin for extra partition.
In respect of the supply of bins under this companytract the Government agreed to pay an extra Rs.
The Judgment of BHARGAVA and RAGHUBAR DAYAL J.J was delivered by BHARGAVA J. RAmAswAmi J. delivered a dissenting Opinion.
Ltd. hereinafter called the appellant .
The arbitrator found that the Government was under an obligation to supply steel for the manufacture of the bins and that it did supply such steel to the appellant.
These two findings of the arbitrator were number challenged before the Division Bench.
2,42,044/ .
The claims and the companynterclaims of the parties under the two companytracts were referred to the arbitration of Sir R. C. Mitter.
I therefore do number allow the Government credit for the value of the steel used up in manufacturing those companyponent parts.
The arbitrator found that the appellant was entitled to a credit for the sum of Rs.
107/2/6 per bin inclusive of the price of steel.
The disputes arise out of two companytracts being A. T. 1000 dated November 30, 1944 and A. T. 1048 dated June 25, 1945 between the Government of India hereinafter called the Government and the Bungo Steel Furniture Pvt.
This finding of the arbitrator was held to be erroneous by Mallick, J. who reduced the amount awarded to the appellant by a sum of Rs.
13 and 131 of 1961.
132/8/ per bin inclusive of the price of steel.
The Government made an application to the Calcutta High Court for setting aside the award of Sir R. C. Mitter on the ground that the arbitrator had failed to apply his mind and there was a mistake of law apparent on the face of the award in the estimation of damages for wrongful termination of the companytract.
2,53,521/ , b that the price of the steel used for making 2172 finished bins amounted to Rs.
who set a side the award of the arbitrator in respect of the two companytracts.
