In Brief
Two company groups, Oswal Woollen Mills and Oswal Agro Mills, entered into a contract for importing materials under REP licences. A dispute arose when only part of the materials could be imported. After two arbitrators disagreed on the award, an Umpire was appointed and awarded damages to the respondent. The appellant sought to challenge this, claiming the Umpire should have heard the case entirely afresh (de novo). The Court held that 'de novo' means a fresh hearing based on existing pleadings and evidence, not a complete restart. Since the appellant failed to timely request such a hearing and raised it only at the end of proceedings, this amounted to waiver by conduct. The appeal was dismissed.
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