ALPHA SERVICES Vs. IRCON INTERNATIONAL LIMITED

JUDGEMENT

(1.) The petitioner (hereafter "Alpha") has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter "the Act") impugning the arbitral award dated 23.12.2015 (hereafter "the impugned award") delivered by the Arbitral Tribunal comprising of a Sole Arbitrator (hereafter "the Arbitral Tribunal"). The impugned award was rendered in the context of disputes that had arisen between the parties in relation to the contract entered into by the parties, whereby Alpha had agreed to supply 35 numbers of Electric Overhead Travelling Cranes (hereafter "EOT Cranes") to the respondent (hereafter "IRCON") for the Rail Coach Factory at Raebareli.

(2.) The principal dispute between the parties relates to the question whether Alpha was obliged to provide fish plate sets, rail clamp sets, bolts, nuts and other concomitant accessories in connection with the rails to be installed for the horizontal (lengthwise) movement of the EOT Cranes. The rails were to be fixed on the Gantry and the EOT Cranes supplied by Alpha would rest on the said Rails. There is no dispute that Alpha was required to erect and carry out the works for fixing of the rails as part of its contract. It is also not disputed that it was IRCON's obligation to supply the rails. The controversy only relates to the clamps, nuts and bolts which were required to fix the rails on the Gantry and the fish plates that are required to join the sections (pieces) of the Rail. According to Alpha, the contract did not include supply of such concomitant accessories. IRCON disputed the same and claimed that in terms of the contract, the obligation to supply all the materials other than rails rested with Alpha.

(3.) Briefly stated, the relevant facts necessary to address the controversy are as under:-