UNION OF INDIA Vs. HIND WIRE INDUSTRIES LIMITED
HIGH COURT OF DELHI
UNION OF INDIA
HIND WIRE INDUSTRIES LIMITED
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J.M.MALIK, J. -
(1.) The whole crux of the instant legal jangle lies in the question, whether the Court is armed with the powers to amend or modify the Arbitrator's award" Both the parties to this suit filed cross objections before the trial court. Northern Railway filed objections on the point of interest for pre- reference period awarded by the Arbitrator in favour of the claimant M/s Hind Wire Industries Limited. On the other hand, the claimant called it into question, on the ground that its claim of Rs.2,91,517/- was illegally disallowed by the Arbitrator on account of its 95% price variation claim bills.
(2.) The indisputable facts of this case are these. The parties to this appeal entered into contract, wherein it was stipulated that the claimant/respondent would supply 500 metric tonne high tensile wire to the Northern Railway/appellant within six months commencing from 28.9.1988, but subsequently the delivery period of the material was re-scheduled and as per revised delivery schedule, the supply was to be made by the claimant within six months commencing from 5.12.1988. Remaining terms and conditions of the parties remained the same. As per price variation clause contained in para 7 of the respondent's letter dated 28.7.1988, the decrease/increase in the price of the steel wire was admissible/payable to the claimant in respect of such quantity of steel wire which was offered by it for inspection 30 days or more after the day of price increase/decrease of the raw material required for steel wire.
(3.) The price of the raw material for the steel wire i.e. carbon wire rods was increased twice after the purchase order dated 21.9.1988. The first increase took place w.e.f 1.11.1988 and the ond increase took place w.e.f. 1.4.1989 as certified by I.S.W.P. Ltd. The claimant had offered 10 metric tonne of steel wires for inspection to the respondent on 13.10.1988 and 390 m.t. of steel wire was offered during the period between 8.12.1988 and 24.3.1989 and the balance 100 m.t. was offered for inspection on 2.5.1989.;
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