TMI Blog2001 (2) TMI 1048X X X X Extracts X X X X X X X X Extracts X X X X ..... each day and throughout the whole period of this agreement, provided always that the supplier shall not be responsible for damages or otherwise on account of accidental interruption of supply or stoppage or deficiency of energy caused by any order or direction issued by the Government of Uttar Pradesh or resulting from fire, flood, tempest or any accident or from any strike or lock out of workman or from any other cause beyond the control of the supplier, but the supplier shall make every effort to restore the supply as soon as possible. On the ground that disputes arose between the appellant and the respondent, the matter was referred to the arbitration as provided in the agreement. The respondent in the claim statement made various claims ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ency caused by (i) accident, or (ii) by any order or direction issued by the Government of Uttar Pradesh, or (iii) resulting from fire, flood, tempest or any accident or from any strike or lock out of workman or from any other cause beyond the control of the supplier. Thus the principal contention addressed before us is that there is a guarantee of supply of electricity for 24 hours of a day but under the circumstances set out in the proviso supply could be interrupted without liability of paying damages and this aspect was not considered by the arbitrators. When this point was raised before the High Court, the High Court noticed the finding of the arbitrators that all log books were not made available and even where they were made availabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. However, as noticed by us, there were reasons set out in the log books or, as noticed earlier, those reasons, in the opinion of the arbitrators, were either not relevant or where they were relevant, they were untenable. Therefore, the view taken by the arbitrators cannot be characterised as not emanating from the agreement and falls squarely within the excepted part of the proviso to clause 1 of the agreement. When the arbitrators have applied their mind to the pleadings, the evidence adduced before them and the terms of the contract, we do not think, it is within our scope to re-appraise the matter as if this were an appeal, and it is clear that where two views are possible in this case there is no such scope the view taken by the arbit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rocess industrial power consumers (listed in Annexure 2) as well as Textile Mills and non-continuous industrial power consumers having loads above 110 BHP/100KVA/75 KW billed on large and heavy power tariffs receiving power from the U.P. State Electricity Board shall exercise 33.1/3 per cent cut in their highest maximum demand recorded in any month during the twelve months from August, 1978 to July, 1979: Provided that any such consumer or Mill may for reasons of technical difficulty instead of observing the aforesaid cut avail supply for such 20 days in a month as may be determined with the approval of the Executive Engineer concerned and may observe block closure during the remaining days of the month so, however, that consumptio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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