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2019 Supreme(Bom) 1209

R.D.DHANUKA
Star Track Fasteners Private Limited – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant : Mr. Aman Rungta, a/w. Ms. Aziza Khatri, Ms. Radhika Vyas, i/b. M/s. AAK Legal.
For the Respondent: Mr. Chetan C.Agrawal a/w. Ms.Jyoti Agrawal.

JUDGMENT :

1. By this petition filed under section 34 of the Arbitration and Conciliation Act, 1996, the petitioner has impugned the award dated 22nd February, 2019 passed by the learned arbitrator rejecting the substantial part of the claim made by the petitioner. Some of the relevant facts for the purpose of deciding this petition are as under :-

2. The respondent had invited tender for manufacture and supply of grooved rubber sole plates in the year 2012. The petitioner had submitted its bid in response to the said invitation. The bid of the petitioner was found favourable. The petitioner was accordingly issued purchase order by the respondent on 22nd October, 2012. Under the said purchase order, the goods were to be supplied by the petitioner by 23rd June, 2013. Clause 0702 provides for recovery of liquidated damages by the respondent in case of delay at sum equivalent to 2 % of the price of any stores.

3. It was the case of the petitioner that due to various reasons not attributed to the petitioner and more particularly delay on account of the plant shifting as per the advice of the RDSO as well as the electricity outages at the plant of the kneader machine which was a machine fo

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