OCEANIC DEHYDRATES PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE are objections against the Award dated 29. 07. 1993 made by the sole arbitrator in respect of the disputes which had arisen in connection with A/t No. J-13071/2/283/80-PUR. V dated 10. 11. 1980.

(2.) BRIEFLY stated the facts are that a tender was notified for the supply of dehydrated onions by the Army Purchase Organization. The objector had responded to the tender which culminated in the aforesaid contract dated 10. 11. 1980. As per the contract between the parties, the objector was required to supply dehydrated onions as per the Specification No. 142 which was issued on 11. 03. 1983. The said specification clearly indicated the quality, packing, marking, warranty, hygiene and inspection methods. The dehydrated onions were required to be packed in hermetically sealed tins conforming to the specifications given in paragraph 5 of the said specification No. 142. Paragraph 13 of the said specification clearly indicated that the dehydrated onions were required to conform to the specifications of moisture content, total ash content, acid insoluble ash content and thickness of reconstituted slices as indicated therein. Insofar as the quality was concerned, it was specifically prescribed under the said specification No. 142 that the dehydrated onions shall be the product prepared from clean, sound bulbs of suitable varieties of onions free from blemish and disease, by proper peeling, washing, cutting into slices of fairly even thickness and dehydrating in a manner which ensures effective preservation of colour, flavour, texture and food value. It was further prescribed that the dehydrated onions shall have the characteristic colour and marked pungent flavour of fresh onions and shall be free from discolouration and from musty, scorched or other objectionable flavour or odour. It was also stipulated that the dehydrated onions, when cooked according to the method given in Appendix 'a' to the Specification, shall yield a product having the appearance of cooked fresh onions. The cooking time shall not be more than 15 minutes and the rehydration ratio, that is, ratio of increase in weight after cooking and draining off excess liquid to its weight before cooking, was required to be not less than 5. 0 :1. 0. The further details of the method of analysis was provided in Appendix 'a' to the Specification. Appendix 'a' reads as under:-

(3.) THE objector, while finalizing the contract, had given its warranty under the standard warranty clause, the relevant portion of which reads as under:-