L.N. MITTAL - (1.) MILLER - Amrit Pal and sons has filed this First Appeal assailing order dated 27.11.2009 passed by learned Additional District Judge (Adhoc), Fast Track Court, Mansa thereby dismissing the application filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 (in short the Act).
(2.) THE respondent - Punjab State Warehousing Corporation (in short the Corporation) supplied paddy to the appellant/miller for custom shelling. It appears that there was some delay on the part of the miller in supplying the rice on custom milling of the paddy. Dispute was referred to Arbitrator who gave Award dated 04.03.2005 (Annexure A4) deciding part of the claim made by respondent/Corporation, excluding the claim which was excepted from the arbitration clause to be decided by Managing Director of the Corporation. By the said Award, the Arbitrator has awarded amount of Rs. 25,840/- payable by miller to Corporation alongwith interest @ 30 per cent per annum w.e.f. 08.01.2002 till date of Award and thereafter @ 18 per cent per annum on the total sum from the date of Award till recovery.
(3.) THE miller filed application under Section 34 of the Act assailing the aforesaid Award of the Arbitrator on various grounds. THE respondent/Corporation controverted the averments made in the application of the miller.;