- (1.) This is an appeal preferred by the Punjab State Electricity Board against the judgment of the Punjab and Haryana High Court dated 3-6-92 in FAO No. 860/91. By the said judgment of the High Court has set aside the decree passed by the Senior Sub-Judge, Patiala, on 6-3-91. The learned Senior Sub-Judge had set aside the Award dated 10-6-88 made by the Chief Engineer, Research and Arbitration, Punjab State Electricity Board, Chandigarh. The result of the judgment of the High Court is that the Award was held valid and was directed to be made a Rule of Court.
(2.) Aggrieved by the said judgment, the Electricity Board and Chief Engineer have preferred this appeal.
(3.) There was a purchase order-cum-contract agreement entered into between the appellant Electricity Board and the respondent dated 21-7-84 under which the respondent was to supply 41,500 poles of 8 meter long @ Rs. 353.00 per pole and another set of 3750 poles each 9 meter long @ Rs. 440.00 per pole. The terms and conditions of the contract stipulated that the prices were to be firm and were subject to "no variation whatsoever on any account". The payment, schedule of delivery thereof was also specified. It was, however, stated that the prices would be paid and excise duty was not applicable put if excise duty was levied, the prices would be Rs. 353/- per pole subject to production of documentary proof alongwith certain certificates, under Clause-9 of the contract 95% of the contract value was to be paid against receipt and balance 5% of the contract value of each consignment should be paid within 30 days of the receipt of material/acceptance by the consignee in good condition. Clause-9 related to the mode of delivery of goods. Delivery was to commence after 45 days after the receipt of the firm order and the whole quantity was to be completed within 12 months thereafter. Clause-13 stated that during the pendency of the contract/ purchase order if any performance in whole/ part by either party was delayed for the specified cause mentioned therein, or on account of any other cause beyond their reasonable control, neither of the two parties shall be made liable for losses or damages.;