REGENT COMPUTRONICS PVT. LTD.

B And T Ag Appellant

V/S

MINISTRY OF DEFENCE Respondents

Referred Judgements :-

MUSSUMMAT CHAND KOUR AND ANOTHER V. PARTAB SINGH [REFERRED TO]
YORKSHIRE COUNTY COUNCIL V. HUDDERSFIELD CORPN [REFERRED TO]
MAJOR (RETD.) INDER SINGH REKHI V. DELHI DEVELOPMENT AUTHORITY [REFERRED TO]
MERLA RAMANNA VS. NALLAPARAJU [REFERRED TO]
MAJOR RETD INDER SINGH REKHI VS. DELHI DEVELOPMENT AUTHORITY [REFERRED TO]
UNION OF INDIA VS. L K AHLUJA AND CO [REFERRED TO]
S S RATHORE VS. STATE OF MADHYA PRADESH [REFERRED TO]
PANCHU GOPAL BOSE VS. BOARD OF TRUSTEES FOR PORT OF CALCUTTA [REFERRED TO]
STATE OF ORISSA VS. DAMODAR DAS [REFERRED TO]
UTKAL COMMERCIAL CORPORATION VS. CENTRAL COAL FIELDS LIMITED [REFERRED TO]
S B P AND CO VS. PATEL ENGINEERING LTD [REFERRED TO]
HARI SHANKAR SINGHANIA VS. GAUR HARI SINGHANIA [REFERRED TO]
J C BUDHRAJA VS. CHAIRMAN ORISSA MINING CORPORATIONLTD [REFERRED TO]
CONSOLIDATED ENGINEERING ENTERPRISES VS. PRINCIPAL SECRETARY [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. BOGHARA POLYFAB PVT LTD [REFERRED TO]
UNION OF INDIA VS. HAR DAYAL [REFERRED TO]
JIWNANI ENGINEERING WORKS PVT LTD VS. UNION OF INDIA [REFERRED TO]
DWIJENDRA NARAIN ROY VS. JOGES CHANDRA DE [REFERRED TO]
GEO MILLER & CO. PVT. LTD. VS. CHAIRMAN, RAJASTHAN VIDYUT UTPADAN NIGAM LTD [REFERRED TO]
CLP INDIA PRIVATE LIMITED VS. GUJARAT URJA VIKAS NIGAM LTD [REFERRED TO]
VIDYA DROLIA AND OTHERS VS. DURGA TRADING CORPORATION [REFERRED TO]
BHARAT SANCHAR NIGAM LIMITED VS. NORTEL NETWORKS INDIA PRIVATE LIMITED [REFERRED TO]
SECUNDERABAD CANTONMENT BOARD VS. B.RAMACHANDRAIAH [REFERRED TO]
WELSPUN ENTERPRISES LTD. VS. NCC LTD. [REFERRED TO]

JUDGEMENT

(1.) This is a petition under Sec. 11(6) of the Arbitration and Conciliation Act, 1996, (for short, 'the Act 1996'), filed at the instance of a company based in Switzerland and engaged in the business of manufacturing of arms etc., praying for appointment of an arbitrator for the adjudication of disputes and claims arising out of the Contract No. 78953/SMG/GS/WE4(GS-IV) dtd. 27/3/2012 executed with the respondent Government of

(2.) The respondent, Ministry of Defence vide the RFP No. 78953/SMG/GS/WE-4 dtd. 18/11/2009 floated an urgent tender for procurement of 1,568 Sub Machine Guns under a Fast Track Procedure. The petitioner participated in the tender process and offered its bid. The tender was opened on 21/12/2010 and the petitioner was declared to be the lowest acceptable bidder. After due negotiations, the Contract was executed and signed on 27/3/2012.

(3.) The dispute between the parties arose in relation to the alleged wrongful encashment of warranty bond by the respondent. The respondent vide its letter dtd. 16/2/2016, directed the Joint Chief Executive Officer, State Bank of India, Frankfurt Branch, Germany to encash the WBG No. 12/380 for its full value i.e., Euro 201,793.75 and remit the amount through direct bank transfer to the Principal Controller of Defence Account (PCDA, Government account) in accordance with the details stated in the letter. One copy of the letter dtd. 16/2/2016 was also forwarded to the petitioner. This action on the part of the respondent, i.e., of encashing Liquidated Damages (LDs) for the requisite amount was on account of delay in the supply of goods beyond the contractual time period.

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B AND T AG Vs. MINISTRY OF DEFENCE

Referred Judgements :-

JUDGEMENT

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