HEAVY VEHICLE FACTORY Vs. OSCAR EQUIPMENT P LTD

JUDGEMENT

(1.) THIS O.P. has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter called "the Act") to set aside the original award dated 6.12.2004 and supplementary award dated 9.4.2005 passed by the arbitral Tribunal.

(2.) THE petitioner floated a tender enquiry on 3.3.1990 for the supply and service required by Heavy Vehicle Factory (H.V.F.) for Hydraulic system of launching mechanism for Bridge Layer Tank (BLT) on Vijayanta Carrier Vehicle under Project "KARTHIK" used for Defence, consisting of hydraulic cylinder, assembly external and internal plumbing oil distributor rings and various other specified items for their requirement as per the enquiry. In response to that, the 1st respondent submitted its offer on 12.6.1990. Accepting the offer, the petitioner issued a purchase order on 29.10.1990 for a total value of Rs. 1,98,85,455/-. In terms of the purchase order, the 1st respondent was ordered to seek assistance from the Director, R&D E(E)Dighi, Pune for clarification and correctness of the manufacturing, drawing and subsequent development of the equipment. THE 1st respondent was directed that all the machinery to be manufactured by them at their works would be inspected by the petitioner and only after the same was found as per the specification of the petitioner, it would be accepted and released for integration, installation and commissioning on the vehicle at the site of the petitioner.

(3.) CHALLENGING the award dated 6.12.2004 and the subsequent order dated 9.4.2005 the above petition has been filed under Section 34 of the Act, to set aside the award.