FAO No.2511 of 2007 -1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.2511 of 2007
Date of Decision: 15.5.2009
M/s Ferozeshah Agro Pvt.Ltd.
...Appellant.
Vs.
The Punjab state Co-operative supply and Marketing Federation
Limited and others.
...Respondents.
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
Present: Mr.O.P.Hoshiarpuri, Advocate for the appellant.
Mr.Rajiv Malhotra, Advocate for respondents No.1 and 2.
Ms.Neena Madan, Advocate for
Mr.Raghujit Singh Madan, Advocate for respondent No.4.
RAKESH KUMAR JAIN, J.
This appeal is directed against the order dated 10.3.2007 passed
by District Judge, Ferozepur whereby Objections filed by the appellants
under Section 34 of the Arbitration and Conciliation Act, 1996 (for short
`the Act’) against the arbitral award has been dismissed.
Shorn of unnecessary details, the only argument raised by
counsel for the appellant is that the arbitral award is not definite. In reply,
learned counsel for the respondent has argued that the same contention was
raised by the learned counsel for the appellant before the Court below in
which the following observations have been made.
“I also find no force in the contention of the learned
FAO No.2511 of 2007 -2 –counsel for the petitioner firm that the award given by the
arbitrator is not definite and clear as in the concluding lines of
the award the arbitrator has stated that any rice delivered after
22.2.2002 in the account of the Markfed is ordered to be
adjusted. This finding of the arbitrator does not make the award
illegal and null and void because the arbitrator has given this
finding in favour of the petitioner and otherwise also, the
petitioners were supplying the rice and they had been seeking
time for the supply of the rice even before the arbitrator. Even
if the arbitrator has given the specific date as 22.2.2002 that
after that date if any rice is delivered by the petitioner in the
account of the Markfed, the same will be adjusted alongwith
the interest, on that account the finding in favour of the
petitioner will not negate the award.”
After hearing the learned counsel for the parties, I do not find
any error in the findings recorded by the Court below in para 19 of its order
in respect of the arbitral award.
No other point has been raised before this Court.
In view of the above, I do not find any merit in the order of the
learned Court below and as such, the present appeal is dismissed. No costs.
(Rakesh Kumar Jain)
15.5.2009 Judge
Meenu
