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Ld. Arbitrator: Any cross-examination.

Mr. R.F. Nariman: No cross. May I suggest let him finish it completely."

RE-EXAMINATION OF GUPTA Mr. Kumar: In this statement as has been stated by Mr. Kulsreshta some part of the calculation relating to domestic sales have been made by you. He said you maybe in a position to explain for the benefit of the Arbitrator on what basis and on what material you have calculated. Can you please explain. You are to explain the domestic part of the calculation.

The total ground rent is 71079 dollars.

       E.        This can be explained by Mr. Kulsreshtha.
       Ld. Arbitrator: Would you cross examine.
       Mr. R.F. Nariman: No."



34. Mr. Jain pointed out that despite the aforesaid statement by respondent-claimant‟s witness, the petitioner-objector had not cross examined the respondent-claimant‟s witness on the said aspects. In this connection, he referred to the following transcript at Pages 104 and 110 of Volume 5 of paper book:

"Mr. R.F. Nariman: I put it to you that SAIL or Some one on in SAIL told Kovon Trading that the materials to be sold to Kavon were rusted.
Mr. Kulshreshtha: No we rejected both the offers because we knew that this will be quite low from 408 dollars and our losses would be very heavy if we did so.
Mr. R.F. Nariman: These losses according to you could be claimed against Krupp. Why should you worry about losses?
"Mr. R. F. Nariman: Frankly Sir, it is very difficult to have any serious objection to the Amendment Application. Claim is reduced in my favour. I do not have any serious objection.
                 xxx             xxx                    xxx

       Mr. R. F. Nariman:      Could we pass on as Mr. Kumar has
                               come. I have serious objections to
                               the Bunch of document tendered
                               yesterday and if I may now state
                               what the objections are.

       Ld. Arbitrator:         First an application to amend. You
                               have no serious objections I think.

       Mr. R. F. Nariman:      no serious objections"


                                             (emphasis supplied)