- Court
- Supreme Court of India
- Decided
- 6 December 1995
- Bench
- K. Ramaswamy, Faizan Uddin, B. N. Kirpal
- Result
- Appeal dismissed.
Headnote
CoiistiiUtit>n of India :
Article i.36-Contwtelit finding of facf-11.ecorded by civil court and High Court-Not inteifeted Witit, ·New plea raised in appeal--Not entertained.
Dismissing the appeal filed by the appellant-company against the State Government, this Court
HELD : 1. The civil court and the High Court have held that the letter dated 5.7.1979 did not form an integral part of the agreement dated 17.7.1979. This being a finding of fact, there is no error law warranting interference. [287-H, 288-A]
2. The plea that the arbitrator committed legal misconduct in declin· ing to grant the amount claimed cannot be entertained as the same was not raised before the High Court. [288-B)
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
Leave granted.
Heard the counsel on both sides. Since the Civil Court and the High Court have gone into the question whether the letter dated July 5, 1979 is part of the agreement dated July 17, 1979 and have held that the letter did not form an integral part of the agreement, the agreement does not contain any obligation to pay at the rate of Rs. 432 per Hume pipe to the appellant. This being a finding of fact, we do not find any error of law warranting interference.
It is next contended that the arbitrator committed legal misconduct in declining to grant the amount claimed. We do not find any substance in the contention. Moreover, the contention was not argued in the High Court. Therefore, we cannot allow the counsel to address this contention here in this appeal.
The appeal is dismissed. No. costs.
Case details
Arising from
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 11912 of 1995.
From the Judgment and Order dated 7.1.93 of the Patna High Court in Appeal from Original Order No. 195 of 1990.
Appearances
A.K. Srivastava and R.K. Sharma for the Appellants.
B.B. Singh for the Respondents.
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.