VEEKAY PRESTRESSED PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) This hearing has been done in hybrid mode (physical and virtual hearing).

(2.) These petitions have been filed by M/s Veekay Prestressed Private Limited seeking transfer of two petitions under Section 34 of the Arbitration and Conciliation Act, 1996 pending before the Patiala House Courts to this Court.

(3.) The brief background is that tenders were invited by the Railways for manufacture and supply of pre-stressed mono-black line concrete (pretensioned type) for broad gauge (1673 mm) to RDSO Drg. No. T-2496 to suit 60 Kg. UIC rail for quantity 3,05,334 nos. and the Petitioner had submitted its offer on 15th January, 2009. The contract was awarded to the Petitioner on 16th December, 2009 and performance had started under the contract. However, disputes arose between the parties leading to the imposition of liquidated damages upon the Petitioner. The Railway appointed an Arbitrator as per the conditions of the contract. The arbitration proceedings culminated into four different awards dated 8th March, 2019, all in favour of the Petitioner. Details of the liquidated damages which were imposed and the amounts awarded in each of the arbitration awards, are set out herein below: <FRM>JUDGEMENT_208_LAWS(DLH)1_2021_1.html</FRM>