R.D. Dhanuka, J. - (1.) BY this petition filed under section 34 of the Arbitration and Conciliation Act, 1996, (for short the said Arbitration Act), the petitioners have impugned the arbitral award dated 4th October, 2012 passed by the learned arbitrator thereby allowing some of the claims made by the respondents and rejecting the counter claims made by the respondents. Some of the relevant facts for the purpose of deciding this petition are as under : -
(2.) THE petitioners were the original respondents whereas the respondents were the original claimants in the arbitral proceedings. On 2nd December, 2008, the petitioners issued notice inviting tenders for hiring of transport from Mumbai for the period from April 2009 to 31st March, 2010. In response to the said notice, the respondents submitted their tender on 5th December, 2008. It is the case of the petitioners that the respondents had not quoted the rate of Rs. 200/ -per Km subject to minimum distance of 300 Km. On 5th December, 2008 the respondents signed the instructions to the tenderers. On 29th June, 2009 the petitioners issued a letter of acceptance awarding contract to the respondents for the period 19th June, 2009 to 31st March, 2010. On 21st July, 2009, the petitioners placed order on the respondents for transportation of fighter tanks imported by the petitioners. It is the case of the petitioners that on 24th July, 2009 only 40 tanks could be dispatched and on 28th July, 2009 only 4 tanks could be dispatched from Mumbai to CAFBD, Kirkee on the ground that the caption of the ship refused to open the hatch of the ship to upload the imported fighter tanks. It is the case of the petitioners that there was delay of four days because of extreme weather conditions beyond human control.
(3.) ON 27th July, 2009 the respondents submitted their bill for transportation of tanks to Kirkee by 44 trailors at the rate of Rs. 200/ -per Km for 300 Kms as minimum chargeable distance @ Rs. 60,000/ -for each trailor i.e. for total amount of Rs. 26,40,000/ -and also submitted bill for Rs. 9,90,000/ -for detention charges for 44 prime movers with trailors.;