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2008 Supreme(Del) 913

HIMA KOHLI
Union of India – Appellant
Versus
Peekay Industries – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Rajinder Nischal, Adv.
For Respondents/Defendant: Ashish Khorana, Proxy Counsel

JUDGMENT

Hima Kohli, J.

IA No. 9528/2000 (under Sections 16, 30 & 33 of the Arbitration Act, 1940 read with Section 151 CPC)

1. The present objections are directed against an award dated 28.7.1999, passed by the Sole Arbitrator in respect of the disputes between the parties.

2. In a nutshell, the facts of the case are that the petitioner claimant entered into an agreement dated 8.6.1990, with the respondent contractor for supply of 8,000 helmet combat fibre glass against work contract dated 27.10.1989. The period for the supply was valid from 20.9.1989 to 19.9.1990. The respondent offered Stores for inspection on 26.7.1990, which were rejected on 21.9.1990. The respondent made a request for extension of time which was acceded to by the petitioner claimant and the time period for delivery was extended, as per the amendment letter dated 22.11.1990. The stores offered on the second occasion were accepted only to the extent of 2130 helmets on 1.2.1991. A second extension was sought by the respondent contractor and the period for delivery was extended upto 31.3.1991.

3. As the respondent contractor failed to supply the balance quantity of stores, the contract was cancelled on 9.5.1991 f













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