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PETITIONER: M/s. ALOPI PARSHAD & SONS, LTD.
Vs.
RESPONDENT: THE UNION OF INDIA
DATE OF JUDGMENT: 20/01/1960
BENCH: SHAH, J.C. BENCH: SHAH, J.C. DAS, S.K. WANCHOO, K.N.
CITATION: 1960 AIR 588 1960 SCR (2) 793 CITATOR INFO : R 1963 SC1685 (14) RF 1968 SC 522 (10) R 1971 SC 712 (13) R 1984 SC1072 (21) RF 1988 SC 734 (17) E 1988 SC1166 (5) R 1989 SC 890 (18,30) RF 1990 SC1340 (9) R 1992 SC 232 (29)
ACT: Arbitration-Award, setting aside of-Error on the face of the record-Reference of specific questions-Contract-Terms of Payment specified-Change of circumstances-Power of arbitrator to vary terms-Quantum Meruit Payment, when justified.
HEADNOTE: The appellants were appointed under an agreement in writing by the Governor-General as agents for purchasing and supplying ghee required for the Army personnel with effect from October 1, 1937. After the outbreak of the World War 11 there was an enormous increase in the demand of ghee by the Government and the agreement was revised by mutual consent on June 20, 1942, and the original rates of payment were scaled down. On December 6, 1943, the appellants made a representation to the Government for enhancing the rates as conditions had become 794 abnormal. According to the appellants they were given assu- rances t...