Arbitration Claimant Witness

Arbitration Case

Overview

• Arbitral Tribunal: Hon'ble Arbitrator appointed in the case, tasked with resolving disputes through arbitration.

• Case Number: Arbitration Case No. 1 of 2024, indicating jurisdiction and track of the legal process.

• Involvement: The dispute involves M/s Ravi Gulgulia as the Claimant against M/s Zoram Industrial Development Corporation Ltd. & Others as the Respondents, outlining the parties engaged in the arbitration.

• Affidavit: Evidence is presented by Claimant witness, Shri Ravi Gulgulia, who provides firsthand knowledge related to the claims being made in the arbitration proceedings.

Claimant Information

Claimant Details

• Claimant's Address: M/s Ravi Gulgulia, located at Gaurav Bhawan, 2nd Floor, D. Neog Path, Anandnagar, G.S.Road, Guwahati - 781005, Assam, providing specific identification of the claimant's business premises.

Respondents Information

Respondent Parties

• M/s Zoram Industrial Development Corporation Ltd. (ZIDCO): Aizawl

• The Managing Director of ZIDCO, who plays a crucial role in the decision-making process of the Respondent.

• State of Mizoram represented by the Chief Secretary, indicating the involvement of governmental entities in the dispute.

• Secretary, Commerce & Industries Department, Government of Mizoram, involved in oversight and regulation of industrial activities relevant to the case.

Claimant's Affirmation

Testimony of Claimant

• Claimant Profile: The proprietor, Shri Ravi Gulgulia, has extensive knowledge of the facts pertinent to the case, ensuring that the tribunal receives well-informed testimony.

• Duties to Hon'ble Arbitral Tribunal: Claimant acknowledges and emphasizes the importance of transparency and cooperation during the arbitration process.

• Affirmation of Validity: The Claimant asserts that the claims made are substantiated, backed by evidence and personal testimony.

Business Operations

• Scope of Work: Detailed description of the Claimant’s engagement in coal operations, adhering to the New Coal Distribution Policy (NCDP) 2007, illustrating the nature of the business and its relevance to the dispute.

Cause for Arbitration

Trigger for Legal Action

• Initial Grievance: The Claimant's grievances date back to 21st December 2011 when the Bank Guarantee was encashed, sparking the legal dispute.

• Continuing Cause of Action: Ongoing issues include multiple communications between the Claimant and Respondents concerning unresolved financial disputes related to security deposits and interests from 2011 to 2020, detailing the lengthy nature of the conflict.

Defence Assertions

Denial of Claims

• Respondents’ Defense: The Respondents’ denial of claims in the statement of defense is challenged by the Claimant as incorrect, lacking specificity and clarity in their reasoning.

• Locus Standi Claims: Contentions regarding the Claimant's locus standi are strongly refuted, emphasizing the Claimant's standing in the arbitration.

Force Majeure Defense

Responses to Respondents' Claims

• Rejection of Defense Claims: The Claimant systematically rejects the Respondents' allegations concerning Force Majeure events that allegedly impacted coal allotment obligations.

• Reference to Agreements: Previous agreements reiterate the obligations and commitments made by both parties, emphasizing the necessity for compliance with payment terms regardless of claimed externalities.

Legal Agreements

Details of Agreement Terms

• Contractual Obligations: Various agreements delineate responsibilities concerning coal distribution, including the handling of security deposits and transaction timelines under the NCDP 2007, ensuring clarity on each party's commitments.

• Expectations: Expectations for handling coal transportation payments are detailed, establishing the framework of the business agreements in place.

Payment Obligations

Payment Structure

• Financial Terms: Clear explanation of payment terms associated with coal lifting and overall financing of the project, which includes conditions and timelines stipulated within the agreements.

• Evidence of Compliance: Past payments are presented as evidence of the Claimant's diligent adherence to the contractual obligations, substantiating the claims made.

Non-Compliance Issues

Problems Cited

• Specific Lapses: The Claimant highlights significant operational issues linked to the Respondents’ failure to release payments, which adversely affected the continuity and efficiency of operations.

Obligations and Breach

Deposit and Security Issues

• Obligations Discussion: Detailed discussion about the obligations concerning security deposits and the responsibilities of both parties as defined in agreements and prior correspondence, underlining the importance of these elements in the case.

Arbitration Claims

Claims Overview

• Breakdown of Claims: Comprehensive breakdown of claims put forth by the Claimant regarding unmet payment obligations and losses experienced due to breaches of contract, presenting a clear picture of the financial impact of the dispute.

• Principal and Interest Amounts: Detailed presentation of both principal sums and accrued interest that form the core of the Claimant's demands during the arbitration.

Financial Claims

Financial Summary

• Detailed Claims List: An exhaustive list of all financial claims, including wrongful deductions and interest on delayed payments, along with principal amounts specified for clarity and ease of understanding by the Tribunal.

Additional Claims

Claims for Loss of Profits and Reputation

• Further Claims: Additional claims concerning lost profits, damage to goodwill, operational interruptions, and extra costs stemming from the arbitration processes are emphasized, showcasing the broader implications of the dispute on the Claimant's business.

Total Claims Summary

Total Financial Claims

• Aggregate Claim Amount: Summary of all requested figures, culminating in a total claim exceeding Rs. 11 Crores, which encompasses a wide range of claim types from security deposits to reputational damage and additional arbitration-related costs, clearly illustrating the stakes involved for both parties.