HINDUSTAN HYDRAULICS PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereafter, the 'A&C Act') seeking setting aside of impugned award dtd. 5/9/2016 passed by the Arbitral Tribunal comprising of Sole Arbitrator (hereafter, 'AT').

(2.) The Respondent, through Central Organization for Modernization of Workshops (COFMOW) issued a tender notice dtd. 29/3/2004 for procuring a 'Double Column Guillitone Shearing Machine with Hydraulic Main Drive'. The Petitioner offered to sell the aforesaid machine to the Respondent vide its offer letter dtd. 27/3/2004 which was duly accepted by the Respondent on 7/6/2005, subject to terms and conditions mentioned in the acceptance letter.

(3.) Petitioner returned the signed copy of the terms and conditions of the contract vide its letter dtd. 21/6/2005, in acceptance of the same.