VADIVELU NATESHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed to set aside the arbitral award of the

(2.) nd respondent dated 21.07.2008 made in relation to the disputes raised by the 1st respondent against the petitioner in relation to Purchase Order No.82/04/0042/1/01597, dated 05.01.2005 in so far as Claim No.1 is concerned. 2. The brief facts leading to file this petition is as follows: The petitioner in terms of the purchase order dated 05.01.2005 awarded contract for supply of "Railway Signalling Cable" under ground copper size of 19C X 1.5 sq.mm unscreened to specification IRS-S.63/89 with amendment No.5 under category Trial Order, with Bill Passing Officer as per Annexure 'I', Terms and Conditions as per Annexure 'II' and PVC, short for Price Variation Clause with a delivery date of 30.06.2005. Subsequently, the petitioner in terms of modification of purchase order dated 01.07.2005 re-fixed the delivery date.

(3.) Learned counsel appearing on behalf of the petitioner would submit that the claimant has preferred a claim for price escalation and also for the loss suffered by the claimant.