STATE OF RAJASTHAN THROUGH COLLECTOR; SECRETARY, PUBLIC HEALTH & ENGINEERING DEPARTMENT; CHIEF ENGINEER; SUPERINTENDING ENGINEER; EXECUTIVE ENGINEER-IV Vs. SACHDEVA METAL WORKS

JUDGEMENT

(1.) Appellants No. 1 State of Rajasthan, No. 2 The Secretary, Public Health & Engineering Department, No. 3 The Chief Engineer, Public Health & Engineering Department (M.M. Cell), No. 4 The Superintending Engineer, Public Health & Engineering Department and No. 5 Executive Engineer-IV, Public Health & Engineering Department, Government of Rajasthan have preferred this Civil Misc. Appeal No. 4362/2015 under Section 37 of the Arbitration and Conciliation Act, 1996 (herein after referred to " The Act of 1996") being aggrieved by the order dated 7th October, 2014 passed by Learned 8th Additional District Judge, Jaipur Metropolitan, Jaipur in Arbitration Case No. 657/2014 where by the objections filed by the appellants/applicants under Section 34 of the Act of 1996 against the award dated 12/19.07.2012 passed under Section 31 of the Act of 1996 by the Learned Sole Arbitrator Sh. P.K. Bhatia (Retd. District & Sessions Judge, Jaipur) have been rejected.

(2.) Briefly stated the facts giving rise to the present appeal are that on 25.09.2007, a work contract/order of Rs. 1 Crore for supply of Sluice-valves was given to respondent-claimant by the appellant/petitioner no. 3 (Chief Engineer, Public Health and Engineering Dept.) in pursuant to tender dated 25.09.2007 which was finalized on 08.04.2008. In pursuant to the aforesaid tender, respondent no.3 (Chief Engineer, Public Health and Engineering Dept.) accepted the offer of the claimant & issued a Rate Contract dated 29.05.2008, where in as per Clause 4 thereof; the period of contract was for a period of 9 months which was extendable with the consent of parties for a period of 6 months on mutually accepted terms and conditions. The supply was to be made in accordance with the rate contract after due inspection of goods as per clause 10 by the Inspecting agency provided in contract document viz: Project & Development India Ltd, Noida (U.P.). Further Clause 9.2 of rate contract dated 29.05.2008 provided for date of completion of supply stating the time to be of essence of the contract & successful tenderer shall supplies within that period & on failure thereof to supply there was provision for levy of liquidated damages under Clause 9.3 as per slab. Under clause 16.3, it was also provided that :

(3.) The counter-offer made by the Chief Engineer to the claimant was also accepted by claimant as regards parallel rates for supply of sluice valve (Additional size) vide letter of respondentclaimant dated 31.05.2008.