VINDHYA TELELINKS LIMITED Vs. SOUTH CENTRAL RAILWAYS

JUDGEMENT

(1.) Heard Mr. Avinash Desai learned senior counsel representing Mr. T.P.S. Harsha learned counsel for the Applicant, Mr. M Ramakrishna, learned counsel representing Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India for Respondent.

(2.) This Arbitration Application is filed under Sec. 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter 'the Act') read with the Scheme for Appointment of Arbitrator, 1996, for appointment of independent Arbitrator to adjudicate the dispute between the parties. FACTS:-

(3.) The Applicant herein is a company incorporated under the Companies Act, and inter alia engaged in the business of manufacturing and supply of various types of cables. Respondent has invited tender bearing No.56185427 for supply of PVC insulated armoured, unscreened, underground railways signaling cable, copper conductor, size 30 core x 1.5sq. MM confirming to specification No.IRS: 63/2014 REV 4 in drums of 500 mts, length (for short, 'the product'). The applicant has participated in the said tender and was declared as successful bidder to purchase orders bearing No.36.18, 5427.1.03360 dtd. 23/8/2019 for supply of 45.3 KM of product of the cable and purchase order No.56/18/5427.1.03361 for supply of 38.46 KM of product was placed on the applicant. The tender was governed by the Indian Railways Standard Conditions of Contract (for short 'IRSCC') which contains an arbitration clause for resolution of disputes. On receipt of purchase order, the Applicant immediately procured the requisite raw material and started the process to manufacturing the product and was subsequently delivered by the applicant without any delay and in time.