ACME MANUFACTURING COMPANY LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) O.M.P. (COMM) 459/2016 Present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (,,Act) seeking to set aside the Award passed by the sole Arbitrator on 07.07.2015.

(2.) The necessary facts to decide the present petition are that a contract was entered into between the petitioner and the respondent (DGBR) for supply, erection and commissioning of HMPs 30-45 TPH capacity, one at Avantipur under Project Beacon and the other at Silchar under Project Pushpak on 12.10.1993. The total contract value was Rs. 108.87 Lacs. The date of completion as agreed between the parties was 12.01.1994 for both the Plants. According to the terms of the contract, one Plant was to be directly supplied and erected at Silchar (Assam) while the other was to be erected and commissioned at Avantipur (Kashmir), but was to be delivered at the Depot at Pathankot.

(3.) As per the terms stipulated in Acceptance of Tender (hereinafter referred to as ,,AT) dated 12.10.1993, delivery was Pathankot & Silchar respectively, inclusive of Road Transportation Charges, but exclusive of transit insurance. The consignees were OC 1326 Base Depot, c/o 56 APO and OC 510 ESS Coy, c/o 99 APO respectively. Relevant clause of the Contract is reproduced as under:-