UNION OF INDIA Vs. SRISHAILA CONSTRUCTION PRIVATE LIMITED

JUDGEMENT

(1.) The appellant raises a seminal point on the scope of Sec. 37 of the Arbitration and Conciliation Act, 1996 in relation to an interpretation of a contract entered into between the parties.

(2.) A prelude to the dispute between the parties are succinctly jotted down in order to the determine the question raised in the instant appeal more particularly the nature of a contract. Indubitably, the appellant took a conscious decision to develop the Baratang Jetty and a detailed project report was prepared containing various components viz., dredging of sea bed in the channel at the mouth of Middle Strait Creek, Construction of 12 nos. Navigational Aids founded on RCC bored case in the situ piles, Construction of RCC Jetty on pile foundation connecting the shore with RCC piled approach, etc.

(3.) Pursuant to the Detailed Project Report (DPR) a Notice Inviting Tender was published and advertised together with a Request For Qualification (RFQ) on 3/12/2014 for the aforesaid purposes. The intending purchasers were further directed to submit their bid in accordance with Request for Proposal (RPF) and Draft Concessional Agreement in format attached thereto. The respondent submitted the bid as contained in the Notice Inviting Tender in the requisite format and was found the lowest bidder and a Letter of Acceptance was issued on 31/1/2016 followed with an agreement signed by the parties on 10/3/2016.