UOI Vs. TEXMACO LTD.

JUDGEMENT

(1.) THIS order shall dispose of an application filed by the appellant bearing No. 6330/2014 for restoration of the appeal. Reply to the application has been filed and the learned counsel for the respondent has opposed the application for restoration vehemently.

(2.) BEFORE dealing with the reasons for opposition of this application by the respondent, it may be pertinent here to mention that the respondent was a fabricator and supplier of the stores to the appellant for the purpose of 2000 sets comprising of 1126 sets of switches and 874 sets of Crossings at an agreed rate and terms and conditions to the Railways. It was alleged that subsequent to the contract entered into between the appellant/Union of India and the respondent, the rates had fallen down considerably for the new contract which was awarded and on account of slow pace in delivery of the supplies; the respondent was granted extension of time for supply of goods at the earlier rates.

(3.) THE appellant aggrieved by the aforesaid award, filed objections under Section 34 of the Arbitration & Conciliation Act bearing No. 93/2004 in the court of the learned Additional District Judge on 16.2.2004. These objections were contested and rejected by the court on 27.10.2004. The appellant feeling aggrieved by the rejection of their objections, preferred an appeal bearing F.A.O. No. 110/2005 titled Union of India vs. M/s. Texmaco Ltd. against the said judgment. The aforesaid appeal came to be listed before the High Court which is pending before this court since 25.4.2005. I have been informed that the amount of Rs. 19 lacs which is purported to have been deposited by the appellant in court has already been released to the respondents. So far as the present appeal is concerned, this has been pending before this court for the last 11 years without any sincere effort being made on the part of the Union of India to argue the matter. The present appeal was dismissed in default on 6.2.2004 by passing the following order : -