In Brief
Kamrup Industrial Gases Ltd. had a 1965 agreement with Diesel Locomotive Works (DLW) to supply minimum monthly quantities of oxygen and acetylene gas at DLW's plant. DLW did not lift minimum quantities but refused to pay for shortfalls. The Arbitrator awarded Kamrup damages for non-lifting. DLW appealed, and the High Court overturned the award, finding Kamrup had not produced vital documents. The Supreme Court allowed Kamrup's appeal, holding that the arbitration proceedings explicitly recorded that all required documents were produced and served on DLW's legal representative on 10 August 1989. The Court also upheld the Arbitrator's finding that Kamrup had duly notified DLW before blowing off unsold gas and was entitled to payment for the shortfall.
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