UNION OF INDIA Vs. KUNDRA SHOES

JUDGEMENT

(1.) This order shall dispose of objections by the plaintiff, Union of India under Sections 30 and 33 of Arbitration Act, 1940 against the arbitral award dated 29th December, 1999 passed by the learned Arbitrator which was filed by the Arbitrator and which was registered as CS(OS) 1257-A of 2000 and the petition which was filed by M/s Kundra Shoes under Section14,17 and 29 of the Arbitration Act, 1940 before the Award was filed by the Arbitrator, seeking direction to the Arbitrator to file the award and to make the award rule of the Court.

(2.) Brief facts to appreciate the controversies are that the plaintiff floated a tender enquiry and in response defendant offered to supply the stores, namely, shoe canvas, brown rubber soles of different size by an advance acceptance of tender on 30th July, 1984 followed by a formal AT bearing No.WL- 3/101/208/2-6-81/63/II/776/RP/110/COAD dated 9th August, 1984. The plaintiff had conveyed his acceptance of tender by letter dated 16th August, 1984 except the Bank guarantee which was furnished on 31st January, 1985..

(3.) That despite the acceptance of the tender, the defendant could not deliver the stores in accordance with the schedule as set out in clause 10 of ender and therefore, by letter dated 12th March, 1985 referring to an earlier letter dated 5th February, 1985, the defendant requested for an extension of delivery period. Consequent to the request made by the defendant, the delivery period was extended up to 31st March, 1985 which was agreeable by the defendant unconditionally.