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1997 (7) TMI 654

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..... e moved application under Section 14(2) read with Section 17 of the Arbitration Act to make the award rule of the Court. Respondents filed its objection to the same. (2) MS.MONA Aneja, who is appearing for Mr. S.S. Sabharwal, Counsel for respondents, has argued that the Arbitrator has misconducted the proceedings on the ground that the Arbitrator ignored the fact that the claimant was registere .....

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..... further contended that the Arbitrator has discussed in detail the objection of the respondent and has returned a well-reasoned finding and this Court not being a Court of appeal will not reverse that finding unless Court comes to the conclusion that award is manifestly perverse or illegal. What this Court has to examine is whether the Arbitrator has gone beyond the agreement while allowing or disa .....

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..... the sales tax which is not tenable in terms of the contract. Arbitrator has held the levy to be bad and invalid. Arbitrator has further observed in the award that from the perusal of the documents filed by the claimant that they have filed ST-8 form which clearly indicated that the claimants were not required to pay sales tax on the purchase of the contracted stores under reference, more so havin .....

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..... e petitioner regarding award of pendente lite interest to the petitioner is also rejected. Ia stand disposed of. Suit No. 378-A/1992 Award is made rule of the Court. If the respondents do not make the payment under the award within a period of four months, petitioners-claimant shall be entitled to the interest at the rate of 18% p.a. from the date of the award till its realisation. - - T .....

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