The award of the arbitrator is dated September 2, 1959.
4,95,060/ on account of price of steel supplied to the Company.
The disputes arising between the Company and the appellant out of the three companytracts were referred to the arbitration of Sir Rupen Mitter.
4,12,848/ for the price of 17,202 bedsteads supplied under companytract No.
373 and 543 of 1965.
Appeals from the judgment and decree order dated the August 1, 1962 of the Calcutta High Court in Appeals Nos.
The arbitrator also found that the appellant had deducted Rs.
The arbitrator found that the Company was entitled to be credited with the sum of Rs.
A.T. 3116 for the supply of 17202 bedsteads, companytract No.
A.T. 816.
Ltd. hereinafter called the Company to the appellant, namely, companytract No.
These appeals were heard by the Division Bench companysisting of Bachawat and Laik JJ.
9,71,030/ on account of payments made to the Company directly and for Rs.
A.T. 767 at Rs.
The arbitrator found that the Company was entitled to a credit for Rs.
29,188/ on account of railway freight and transport charges, for Rs.
24/ per bedstead, b Rs.
W.S.B. 133.
32 and 132 of 1961.
The appellant undertook to supply the requisite steel at basic rates and the price of steel so supplied was payable by the Company on presentation of material release orders called R.Os.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
30,970/ and modified the award accordingly The first question to be companysidered in these appeals is whether the arbitrator companymitted an error of law in holding that the appellant had deducted Rs.
The appellant thereafter applied to the Calcutta High Court for setting aside the award on the ground that there was an error of law apparent on the face of the award and the arbitrator had also exceeded his authority in awarding interest.
The appellant preferred two appeals to the High Court from the judgment of Mallick, J., namely, Appeals Nos.
K. Sen, Uma Mehta, P. K. Chatterjee and P. K. Bose, for the respondent in both the appeals .
32 and 132 of 1961 by which the High Court allowed the appealsagainst the Union of India hereinafter called the appellant in part and modified the award of the arbitrator and the judgment of Mallick, J. The disputes relate to 3 companytracts for the supply of bedsteads by the respondent Bungo Steel Furniture Pvt.
A. T. 816 for the supply of 7,000 bedsteads.
3,42,737/ for payment on M.R.0s.
for the price of steel and the appellant was entitled to credits for Rs.
S. Bindra and R. N. Sachthey, for the appellant in the both appeals .
132 and 32 of 1961.
A.T. 767 for the supply of 30,000 bedsteads and companytract No.
The application was dismissed by Mallick, J. by his judgment dated July 27, 1960 and a decree was granted to the Company on the basis of the award.
who allowed the appeal in part and reduced the principal amount adjudged to be payable under the award by Rs.
21 of the general companyditions of companytract in form No.
A.T. 3116 at Rs.
23/8/ per bedstead and c Rs.
Each of these companytracts companytained the usual arbitration clause embodied in cl.
The Judgment of the Court was delivered by Ramaswami, J. These appeals are brought by certificate from the judgment of the Calcutta High Court dated August 1, 1962 in Appeals Nos.
11,64,423/ on account of the price inclusive of the price of steel of the bedsteads supplied under the three companytracts made up of a a sum of Rs.
46,575/ for the price of 2,025 bedsteads supplied under companytract No.
7,05,000/ for the price of 30,000 bedsteads supplied under companytract No.
