FLOWMORE LIMITED Vs. SKIPPER LIMITED

JUDGEMENT

(1.) The instant petition under sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter "The Act, 1996") has been filed on behalf of the petitioner seeking the following reliefs:

(2.) The facts necessary for the disposal of the present petition are that the Petitioner is a Public Limited Company that primarily deals in the area of large speciated application pumps and has diversified into the power sector. Flowmore Jagabandhu JV, the Petitioner's joint venture with Jagabandhu Enterprises Ltd. was awarded a contract for the Design, Engineering, Supply, Erection, Testing, and Commissioning of a 132/33 kV, 2 x 50 MVA grid sub-station including the construction of Control Room Building and approach road as well as other civil works for 8 transmission lines by Jharkhand Urja Sancharan Nigam Ltd (hereinafter "JUSNL").

(3.) The Respondent was engaged by the Petitioner as the manufacturer and supplier of customized towers and other ancillary goods as per the specifications and other details provided the respondent for transmission lines to be erected for its client JUSNL, in various districts vide the Contract/Purchase Order dtd. 2/3/2019.Prior to this, the respondent vide an e-mail dtd. 20/2/2019, sent a purchase enquiry to the claimant for the manufacture and supply of structural material for 122/132 KV Sub-station for JUSNL Tender NIT. No. 244 to 249.Pursuant to negotiation and discussion, Purchase Order no. Ref. FL/SkipperjJUSML-PKG-244-249/60 dtd. 2/3/2019 was issued by the Petitioner in favour of the Respondent, for the supply of fabricated and galvanized HDG tower parts, stubs, cleats (for both mild steel and HT steel), MS templates, earthing of tower materials, and fasteners for the project.