TaxTMI 
TaxTMI 
2002 (5) TMI 701
X X X X Extracts X X X X
X X X X Extracts X X X X
....nt and the respondent for design, manufacture, procurement and supply of machinery and equipments for modernisation with continuous fermentation process based on 'Encillium Process', developed and patented by the Council for Scientific and Industrial Research, New Delhi and National Chemical Laboratory, Pune. Disputes arose between the parties. The agreement dated 17-11-1992 contained an arbitration clause pursuant whereto the disputes were referred for arbitration by two arbitrators, one appointed by each of the parties. By their award dated 20-6-1999, the learned arbitrators directed an amount of Rs. 151.97 lakhs to be paid by the respondent to the appellant in full and final settlement of all claims by and between the parties. 3. The ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ied the Court through the pleadings, the relevant correspondence between the parties, several documents and the proceedings before the arbitrators. However, it is not necessary for us to deal with the same in very many details as we have formed an opinion that the impugned judgment of the High Court deserves to be set aside and the order of the learned Civil Judge deserves to be restored. 5. A perusal of the judgment of the learned Civil Judge, Senior Division shows the learned Judge having formed an opinion that the award suffered from an error apparent on its face. There was an omission on the part of the learned arbitrators to consider a few relevant documents available on record which in the opinion of the learned Civil Judge if take....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ards. In the circumstances my clients have instructed me to call upon you which I hereby do to reimburse the loss suffered by my clients to the tune of Rs. 237.83 lakhs within a week from today." 7. On 26-12-1994, once again a notice was served by the appellant on the respondent appointing its own arbitrator calling upon the respondent to appoint its and in the contents of the notice it was specifically stated that these were the questions, disputes and differences mentioned in the notice dated 19-10-1994 which shall be referred to the arbitration. During the pendency of the arbitration proceeding, on 24-7-1995, a memorandum of understanding was arrived at between the parties which suggests that it was the dispute referred to in the noti....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the said amount of Rs. 107.54 lakhs ?" The issues are widely worded and include within their sweep the dispute arising for decisions and as was adjudicated upon by the award. The arbitration agreement between the parties opens as under : "18.0 Arbitration.-If at any time there should be any question, dispute or difference between the parties in respect of any matter arising out of or in relation to this agreement, either party may give to the other party notice in writing of the existence of such question, dispute or differences and the same shall be referred to arbitration..." 8. In Ranusagar Power Co. Ltd. v. General Electric Co. [1984] 4 SCC 679, this Court has held : "Whether a given dispute inclusive of the arbitrator's ju....