FAO No.2350 of 2010 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** FAO No.2350 of 2010 (O&M) DATE OF DECISION: 16.07.2010 **** The Punjab State Cooperative Supply & Marketing Federation Limited (Markfed) through District Manager, Sangrur . . . . Appellant VS. M/s Shree Kishna Rice Mills, Dhuri, District Sangrur (now closed) and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present : Mr.Rajiv Malhotra, Advocate for the appellant. **** RAKESH KUMAR JAIN J. (ORAL) This appeal is directed against order of the Additional District Judge, Sangrur dated 08.1.2010 by which objections field by the respondent under Section 34 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) against the arbitral award dated 6.12.2006 has been partly allowed and the impugned award has been set aside to the extent by which it has allowed economic cost of paddy, cost of gunny bags regarding paddy sold to the miller and amount towards driage. The respondent/appellant herein was held entitled to recover value of 12,222 gunny bags, quality cuts, income tax deducted at source and other amounts. Miller remained satisfied with the order of the Court. However, the present appeal is preferred by the Punjab State FAO No.2350 of 2010 (O&M) - 2 - Cooperative Supply & Marketing Federation Limited (for short ‘Markfed’) assailing the finding of the Court by which it has disbelieved the physical verification report. Learned counsel for the appellant has vehemently argued that the learned Court below has committed an error in appreciation of evidence on record. However, he has conceded that report of physical verification, placed on record, has not been proved. In view thereof, the appellant does not have any case to challenge the arbitral award as well as the order of the Court solely on the basis of physical verification report which has not been duly proved in accordance with law. Hence, the present appeal is hereby dismissed. (RAKESH KUMAR JAIN) 16.07.2010 JUDGE Vivek