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A. Kanniah And Others vs National Seeds Corporation Ltd. on 1 July, 1998 cites

Associated Engineering Co vs Government Of Andhra Pradesh And Anr on 15 July, 1991

In Associated Engineering Co. Vs. Government of Andhra Pradesh and another the Supreme Court had laid down that if the arbitrator ignores the terms of agreement the award has to be set aside. In the instant case it is the duty of the NSC as per the terms of the agreement to fix the average market rate as per the mode adopted in the trade, keeping in view the clause 3(a)(1) of the agreement, once that has not been done and when the Claimant had produced the material showing the rate that has to be accepted. I have no hesitation in coming to the conclusion that the claimant has established his claim for Rs.7,36,280/- towards cowpea C-152 and Rs.1,76,550/- towards moong PS-16 and K-851 varieties. The rate fixed by the NSC upto Rs.624/- per quintal was much below the average market price and is not in accordance with the relevant clause in the agreement and the Ex. B-7 which is extracted above.
Supreme Court of India Cites 13 - Cited by 345 - T K Thommen - Full Document
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