UNITED ENGINEERING CO Vs. UNION OF INDIA

JUDGEMENT

(1.) THE facts giving rise to this suit are that M/s United Engineering Company petitioner herein entered into Rate Contract with respondent Union of India by offer and acceptance evidenced by ratecontract No. HW-4/RC-0356/HD&LD polyethylene pipe/81/82/PAOD/289 dated 10.11.1981 for the supply of high density and low density polyethylene pipes for potable water suplies for the period 20.6.81 to 19.6.82, which period was further extended with the @43 mutual consent of the parties upto 30.9.82. THE 33 33 said rate contract was governed by the General 33 Conditions of contract as detailed in form DGS&D-68 33 (Revised), as modified upto date including clause 24 (which provides for adjudication of disputes by arbitration) in pamphlet entitled "Government of India, Department of Supply, Conditions of Contract governing contracts placed by the Central Purchase organisation and the specific conditions relating to the rate contract detailed in DGS&D-69 as amended upto date. It is alleged that during the extended validity period of the rate contract upto 30.9.82, three orders No.l608 dated 13.9.82, 1661 dated 23.9.82 and 1662 dated 23.9.1982 were placed on the the petitioner by a duly nominated DDO for the supply of high density polyethylene pipes.

(2.) DISPUTES and differences arose between the parties and the same were referred for adjudication to Shri B.N.Mani, sole Arbitrator, respondent No.2, in terms of the conditions of the contract detailed in DGS&D-68 (revised). The Arbitrator entered upon the reference. Time for making the award was mutually extended by the parties upto 31.8.88. The Arbitrator made and published his award dated 31.8.88, notice whereof was received by the petitioner on 7.9.88.