Court : Chhattisgarh
Decided on : Dec-16-2008
Reported in : 2009(2)MPHT26(CG)
Dhirendra Mishra, J.1. This miscellaneous appeal under Section 39(1) of the Indian Arbitration Act, 1940 (for short 'Act of 1940') is directed against the judgment dated 29-3-1993 passed by the Court of learned 5th Additional District Judge, Durg in Civil Suit No. 9-A/93, whereby learned Additional District Judge has allowed the suit of the respondent herein and set aside the learned Umpire's award dated 20-5-1985.2. Facts, in brief, are that original claimant Gulab Bhai had some petty contracts with the Bhilai Steel Plant. Earlier contract dated 19-2-1971 was rescinded with the consent of both the parties and fresh sale order dated 22-4-1972 was communicated by the respondent which was accepted by the original claimant vide his letter of Exh. 21. As per the fresh sale order, the original claimant was to lift agreemented mixed coke of 3000 ton @ Rs. 53.62 paise per ton between 22-5-1972 to 22-4-1973 @ 250 ton mixed coke per month. Grievance of the appellants is that the appellants comp...
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