......
day of
....m
ade between AB residing at
.......
and CD residing at
...........
the matters in dispute and differences
between them as specified therein were referred to the decision and
arbitration of X and Y as Joint Arbitrators who thereafter appointed me Z, as the Umpire at the commencement of the Ref
erence on the.................
day of.........................
And Whereas
the said X and Y having disagreed and differed as between themselves over the subject-matter of the Arbitration and the Award to be made thereon during the pendency of the proceeding I the said Umpire took upon myself the reference.
From the statement of claim counter-statement and documents the Arbitrators raised two issues namely,
(a) whether AB received 500 M.T. of Bitumen, and
(b) whether CD is entitled to carrying charges amounting to Rs. 2 lakhs.
At the hearing before the Arbitrators CD wanted to raise a third issue as to whether CD was entitled to additional carrying charges from the specified place of delivery to AB to the place where actual delivery was made at the direction of AB. The Arbitrators did not agree to raise the issue and as such the matter has come before me.
I have gone through the statement of claim, counter-statement documentary evidence produced by the parties and I have considered the oral evidence adduced by AB and CD before me.
It is admitted by AB in his oral evidence that the carriage contract was from Haldia to the residence of AB where he has a godown and the carrying charges was fixed at Rs. 2 lakhs for a distance of 200 miles. At the direction of AB the goods brought by CD to the address of AB was diverted to another place 100 miles away with direction to deliver the goods to the godown-keeper there. Admittedly CD carried the goods from the residence of AB to the said godown 100 miles away, and delivered the same to the godown-keeper there. The godown-keeper there refused to give any receipt. AB also did not give any receipt for the goods delivered by CD.
In view of the pleadings, documentary evidence on record and the oral evidence of AB and CD the following issues arise:
(a) whether AB received 500 M.T. of Bitumen;
(b) whether CD is entitled to the agreed carrying charges of Rs. 2 lakhs for the distance of 200 miles from Haldia to the residence of AB;
(c) whether CD is entitled to further carrying charges of the further 100 miles from the residence of AB to the specified godown in proportion to the agreed rate;
Issue (a).
From the evidence on record and as admitted by AB I hold that CD carried 500 M.T. of Bitumen and delivered the same to or to the Order of AB and AB received the same.