- (1.) By this common judgment, I am disposing of two appeals i.e. FAO No. 778 of 2009, titled as Punjab State Civil Supplies Corporation Ltd. and another versus M /s Deepak & Co., Kurali and another and FAO No. 5032 of 2008, M /s Deepak & Co., Kurali versus Punjab State Civil Supplies Corporation Ltd. and others because both these appeals have arisen out of same judgment dated 5.9.2008 passed by learned Additional District Judge, Rupnagar. Parties are being referred to as appellants and respondent no. 1 from FAO No. 778 of 2009.
(2.) Appellants supplied paddy to respondent no. 1-Miller for custom milling. Quantity of common variety paddy was 3111 bags containing 2022.15 quintals paddy whereas fine variety paddy was 37099 bags containing 24114.35 quintals paddy. Case of the appellants before the Arbitrator was that some paddy from Guru Rice Mills was also supplied to respondent no. 1 for milling against which advance rice was taken from respondent no. 1. Further case of the appellants before the Arbitrator was that respondent no. 1 failed to supply full quantity of rice against the paddy supplied to respondent no. 1 and rice supplied by respondent no. 1 was also not in time. Dispute regarding the same was referred to respondent no. 2 Arbitrator who gave award dated 1.12.1998, Annexure P/1 thereby awarding Rs. 71,40,394/- to appellants from respondent no.1 being due on 1.9.1996 with interest thereon @ 21% per annum with effect from 1.9.1996 till recovery. Claim of respondent no. 1 towards rent of godown and interest was not pressed before the Arbitrator.
(3.) Respondent no. 1 filed application for setting aside Arbitral award Annexure P/1. It was alleged by respondent no. 1 that there was no contract regarding paddy which had been supplied to Guru Rice Mills whereas respondent no. 1 had supplied full quantity of rice against paddy supplied to respondent no. 1 and therefore, demand of appellants qua paddy of Guru Rice Mills could not be referred to Arbitrator and could not be accepted by the Arbitrator.;