ANOOP V. MOHTA AND A.S. GADKARI, JJ.

M/s. Sarathi Enterprises – Appellant

Vs.

Union of India, Through Executive Engineer, Mumbai Central – Respondent

APPEAL NO. 123 OF 2016

IN

ARBITRATION PETITION NO. 950 OF 2013

Decided On : 06-06-2016

Cases Referred :

M/s. Chebrolu Enterprises Vs. Andhra Pradesh Backward Class Cooperative Finance Corporation Ltd. reported in 2015 (12) Scale 207

Advocates Appeared :

For the Appellant : Ms. Shilpa Kapil

For the Respondent : Dr. G.R. Sharma a/w Mr. D.P. Singh

JUDGMENT :

(PER- ANOOP V. MOHTA, J.):-

Heard the learned counsel appearing for the Appellant finally, as the matter is fixed for the final hearing.

2 In nutshell, the case of the Appellant-Original Respondent, is that- On 22 July 2010, a tender was invited for “providing and fixing vitrified tiles flooring over existing flooring from Ground to sixth Floor at Aayakar Bhawan, Mumbai”. The work was awarded to the Appellant by letter dated 22 July 2010. The Appellant by letter dated 5 August 2010, recorded the verbal discussion with the Executive Engineer whereby, the Executive Engineer has directed to use only Johnson vitrified tiles and no other equivalent brand. The A