HIL (INDIA) LTD Vs. INDOGULF CROPSCIENCES LTD

JUDGEMENT

(1.) The present appeal is directed against a judgment dated 01.11.2018, passed by the learned Additional District Judge-05, New Delhi District, Patiala House Courts in Arbt.No.3347/2017. By the impugned judgment, the Court has dismissed the appellant's petition under Section 34 of the Arbitration and Conciliation Act, 1996 ["the Act"] against an arbitral award dated 21.02.2017.

(2.) The appellant, a government owned company, issued a tender dated 19.02.2013, for purchase of various quantities of Agro Chemicals. The respondent submitted a bid in respect of eight products and furnished earnest money of Rs. 6,90,000/-. In the Techno Commercial bid submitted by the respondent, it agreed to the following stipulation of the appellant:-

(3.) The present dispute is in respect of the respondent's claim for refund of earnest money. By an order dated 23.11.2015, this Court appointed Shri.Virender Mehta, Adv. as the sole arbitrator. He made an award dated 21.02.2017 in favour of the respondent, directing refund of the earnest money along with interest. The relevant discussion in the impugned award is as follows:-