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2012 Supreme(Del) 479

S.MURALIDHAR
TECHNOFAB ENGINEERING LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Mr. D. Moitra, Advocate.
None.

JUDGMENT

1. A short question arises for consideration in this petition filed by Technofab Engineering Ltd. against an Award dated 13th May 2005 of the sole Arbitrator by which the Petitioner has been directed to pay the Respondent a sum of Rs.11,16,492 together with simple interest at 15% per annum from 23rd January 1981 till the date of payment or the date of making the Award a rule of the court, whichever is earlier. By the impugned Award all the counter claims of the Petitioner were rejected.

2. The disputes which were referred to arbitration arose out of a supply order placed by the Director General of Supplies and Disposals (‘DGS&D’) on the Petitioner on 10th August 1979 for the supply of three heat exchanger systems for the Gun Carriage Factory at Jabalpur required for cooling oil of furnaces. The scope of the work of the Petitioner in terms of supply was defined in Clause 4 of the contract which reads as under:

“4.1 Description of Stores Ordered: Supply of Complete Head Transfer System generally conforming to DGOF Specification No.663/PM/IFG/GCF36(i) as under:-

OMP No. 327 of 2005 Page 1 of 11

a) Pipes, Valves and Fittings for the entire job.

b) Pumps

c) Heat Exchangers

d) Co



























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