Union Of India vs Ajanta Enterprises

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 394

KRISHNA RAO
Union Of India – Appellant
Versus
Ajanta Enterprises – Respondent

Advocates appeared:
Mr. Ajay Chaubey, Mr. Shailendra Tiwari Union of India, for the Appellant; Ms. Supriya Bose, Ms. Kum Kum Das for the respondent

JUDGMENT

Krishna Rao, J. - This is an application under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the Award passed by the Ld. Sole Arbitrator dt. 13th July, 2010. The respondent being the successful bidder entered into a Contract No. 205 dt. 14th December, 1995 for supply and delivery of stone Ballast and to loading into wagon of Nimdih Depot of Adra Division. As per contract, the stipulation date of completion was 12 months with effect from 28th November, 1995. The estimated cost of the said work was 53,25,000/- and the value of the contract on the basis of the rate agreed by the respondent was Rs. 56,22,750/-. The respondent had supplied ballast during the 1st quarter but the respondent could not supply 7500 cum of stone ballast within 2nd quarter i.e. in between 28th February, 1996 and 27th May, 1996 and only 6851.89 cum of stone ballast was supplied. The respondent had applied for extension of time for supply of balance 2nd quarter till 27th November, 1996 but the petitioners have not taken any decision and finding no other alternative the respondent had stopped the work from 28th November, 1996 and finally the petitioners have terminated the contract