JAWAHARLAL NEHRU PORT TRUST Vs. ISMAIL FIDAALY POTIAL

JUDGEMENT

(1.) THIS is a petition under section 34 of the Arbitration & Conciliation Act, 1996, to set aside an award dated 17th October, 2007.

(2.) THE Petitioner had floated a global tender for the sale of its bulk material handling plant on an 'as is where is' basis. The same was divided into six groups being groups A to F. Each group was divided into two lots. The Respondents bid was the highest, interalia, in respect of Group-D, Lot-1. The Petitioner by a letter dated 31st March, 2003, accepted the Respondent's bid. The present dispute between the parties pertains only to Group-D, Lot-1.

(3.) THE dispute, therefore, as noted by the learned arbitrator, was whether the four disputed conveyor galleries on top of the silos formed a part of the conveyor system sold by the Petitioner to the Respondent under the tender relating to Group-D, Lot-1. According to the Respondent, the four conveyor galleries over the silos formed a part of the conveyor system. According to the Petitioner, however, these conveyor galleries which are the roofs of the four silos, formed a part of the silos and are, therefore, excluded from the scope of the tender pertaining to Group-D, Lot-1.