M/S Ferozeshah Agro Pvt.Ltd vs The Punjab State Co-Operative … on 15 May, 2009

Punjab-Haryana High Court
M/S Ferozeshah Agro Pvt.Ltd vs The Punjab State Co-Operative … on 15 May, 2009
FAO No.2511 of 2007             -1 -


                                             FAO No.2511 of 2007

                                             Date of Decision: 15.5.2009

M/s Ferozeshah Agro Pvt.Ltd.



The Punjab state Co-operative supply and Marketing Federation
Limited and others.



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.


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

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