GLOBAL TRANSNATIONAL TRADING FZE Vs. UNION OF INDIA

JUDGEMENT

(1.) This Letters Patent Appeal (LPA) has been preferred by the appellant (original petitioner), whose W.P. (C) No. 3722/2019 has been dismissed by the learned Single Judge, vide judgment and order dated 10th April, 2019 (Annexure A-1 to the memo of this LPA), whereby it has been held by the learned Single Judge that looking to the provisions of Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") an application would have been preferred by the appellant (original petitioner). Moreover the agreement between the appellant (original petitioner) with respondent no. 3, also contain an arbitration clause.

(2.) Having heard counsel for both the parties and looking to the facts and circumstances of the case, it appears that on 12th June, 2015 a global tender was issued on behalf of Government of India for the supply of urea fertilizer. The procurement was to be made by respondent no. 3 which is one of the canalyzing agency for the Department of Fertilizers, Government of India.

(3.) The appellant (original petitioner) was awarded the tender and a contract dated 23rd June, 2015 was entered into, for the purchase of 105,000 (+/- 5%) tolerance MTs Bulk granular urea.