HIMA KOHLI
Union of India – Appellant
Versus
Peekay Industries – Respondent
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
Hindustan Builders v. UOI AIR 1990 SC 1340
Bijendra Nath Srivastava (Dead) through LRs. v. Mayank Srivastava and Ors. AIR 1994 SC 2562
Kapoor Nilokheri Cooperative Dairy Farm Society v. UOI (1973) I SCC 708 : AIR 1973 SC 1338
Sudarsan Trading Co. v. Government of Kerala AIR 1989 SC 890
Hindustan Construction Co. Ltd. v. Government of Orissa AIR 1995 SC 2189
Indian Oil Corporation Ltd. v. Indian Carbon Ltd. AIR 1988 SC 1340
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