NEYVELI LIGNITE CORPN. LTD Vs. COLLECTOR OF CENTRAL EXCISE
CUSTOMS EXCISE AND GOLD(CONTROL) APPELLATE TRIBUNAL
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(1.) Original Petition No. 547 of 1991 was filed by the first respondent herein M/s. Vinay Engineering under Section 14(2) of the Arbitration Act, hereinafter referred to as the Act to direct the second respondent (the umpire) to file the award dated 2nd April, 1991 in the Contract No. 004/2700K/HIIT/ 81-389, dated 21-5-1981 together with the deposition and documents etc.
(2.) Pursuant to the dispute that arose between Neyveli Lignite Corporation Limited hereinafter called as NLC and the first respondent Vinay Engineering as regards the Contract, the first respondent sought reference of arbitration in terms of the arbitration agreement contained in clauses 23.1 and 23.2 of the contract. The arbitration was proceeded before Mr. M. G. Balasubramanian and Mr. P. K. J. Menon as the arbitrators respectively appointed by NLC and Vinay Engineering respectively. Prior to that Mr. M. B. Balasubramanian and Mr. K. A. Ramasubramaniam were functioning as the arbitrators, but before they could deliver their Award, Mr. K. A. Ramasubraminiam died and in his place Mr. P. K. J. Menon was appointed as an arbitrator by the first respondent herein. However, the said arbitrator could not agree on the award and as such delivered a notice to that effect that the second respondent as the Umpire appointed by the said arbitrators. The second respondent as the Umpire entered on the reference and after hearing the parties has made and signed his award, dated 2nd April, 1991. A notice dated 2nd April, 1991 of the making and signing of the award was given by the second respondent (the Umpire) to NLC and Vinay Engineering and a copy of the award has been given by the second respondent on 1st May, 1991. In paragraph 7 of the main Original Petition, it is stated that the Contract, dated 21st May, 1991 made between Vinay Engineering and NLC was signed at Madras within the jurisdiction of this Court and this Court has pecuniary jurisdiction on the subject matter since the value of the contract given to Vinay Engineering as originally is more than Rs. 23 crores. The cause of action for the present Original Petition arose on 2nd April, 1991, when the second respondent (Umpire) gave to Vinay Engineering and NLC a notice of making and signing of the Award and thereafter on 1st May, 1991, when the copy of the Award was given by the second respondent (Umpire) as aforestated.
(3.) On 23-10-1991, this Court ordered notice through Court and also privately to both parties. After the receipt of the notice in the main original petition No. 547 of 1991, the second respondent (Umpire) has filed into this Court the entire records including the original Award on 3-12-1991. I directed the main original petition to be posted along with Applications Nos. 6004 & 6005 of 1991 for enquiry. Accordingly, both the above applications were posted before me for hearing.;
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