TRADING ENGG Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner challenges the correctness of an award of a sole arbitration dated 30th May, 2005 under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the Act ).

(2.) THE brief facts of the case are that the petitioner entered into a contract with the respondent (hereinafter called DGSandd) for supply, erection and commissioning of 2x750 KVA DG sets and one 750 KVA transformer. These equipments were to be supplied, erected and commissioned in the premises of the Indian Navy at Port Blair. The value of the transformer was Rs. 3,70,000/- and its commissioning charges were Rs. 20,000/ -.

(3.) IT is undisputed that the original specification for the transformer was DY-11; it was, however, later changed to YD-11. This change led to considerable dispute. The petitioner's contention was that the AT unit of the respondent had confirmed to the standards and specifications of YD-11, whereas the respondents on the other hand maintained that it was in fact DY-11. Learned counsel for the petitioner further contends that only the name plate had been changed and a wrong name plate has been affixed on the equipment.