Award by Arbitrator Appointed by Party
In the matter of the Arbitration and Conciliation Act 1996 and in the matter of an Arbitration Agreement dated ……………… between AB of …………… and CD of ……………
This is the Award of the Arbitrator made this ……………………… day of ………………
In pursuance of an agreement and/or submission in writing dated …………… day of …………… and made between the above-named AB and CD, the said AB and CD referred to me, XY for my decision and award on the matters in dispute and difference between them. The dispute was as to whether CD carried 500 M.T. of Bitumen from Haldia to the place of AB and delivered the same and as to whether CD is entitled to payment of carriage charges interest and costs.
I entered into the reference, the parties filed their statement of claim counterstatement and documents, the issues were framed. The parties adduced both documentary and oral evidence and arguments were heard at length.
By consent of the parties, two issues were raised namely:
(a) whether AB received 500 M.T. of Bitumen carried by CD, and
(b) whether CD is entitled to carrying charges amounting to Rs. 2 lakhs, interest and costs.
I have considered the statements in the pleadings, examined the documents and the oral evidence given by AB and CD. I deal with the two issues as follows:
Issue (a). From the documents and evidence of AB it is clear that CD carried 500 M.T. of Bitumen from Haldia and offered delivery to AB. AB however directed CD to deliver the goods to Assistant of AB at another place. CD delivered the goods to the Assistant at the other place. The said Assistant however did not issue any receipt on the plea that he has no authority to issue the receipt or to make payment for the goods. The said AB also did not issue any receipt for the goods on the plea that he did not physically receive the goods and he could not make payment without orders from the higher authorities, and after the question of liability to pay inter se AB and his Assistant holding charge of two different sites be settled no payment could be made to CD for carrying charges. From the evidence on record and from the oral evidence of AB it is clear that the CD carried the goods from Haldia and delivered the same to AB and/or to his order. I answer the issue No. (a) in favour of CD and against AB and hold that AB received 500 M.T. of Bitumen carried by CD from Haldia and delivered to the order of AB.
Issue (b). From the documentary evidence and from the oral evidence of AB and CD it is established that CD carried 500 M.T. of Bitumen from Haldia and delivered the same to AB and/ or to his order. CD has performed his part of the contract and is entitled to the carrying charges of Rs. 2 lakhs, as also interest and costs.
I award against AB and in favour of CD Rs. 2 lakhs as carrying charges and interest at 18% per annum from ……………… till payment.
I award Rs. 20,000 against AB and in favour of CD as Costs of the arbitration proceedings.
Dated …………… Arbitrator