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2018 Supreme(Del) 366

NAVIN CHAWLA
IRCON INTERNATIONAL LIMITED – Appellant
Versus
PATIL RAIL INFRASTRUCTURE PVT. LTD. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.J.P. Sengh, Sr. Adv. with Mr.Chandan Kumar, Ms.Manisha Mehta, Ms.Vaishali Tanwar and Ms.Mrigha Skekhar, Advs.
For the Respondent: Mr.Kunwar Shashank, Adv.

JUDGMENT :

NAVIN CHAWLA, J.

1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) has been filed by the petitioner challenging the Arbitral Award dated 06.08.2015 passed by the Sole Arbitrator allowing certain claims of the respondent along with interest.

2. The disputes between the parties arose in relation to the work of ‘Manufacture, Supply, Transportation and Delivery of Pre-stressed Mono-Block Concrete Sleepers for Broad Gauge Railway Track (1676 mm) suitable for 60 kg rail section, for the restoration of various railway lines in Northern Province of Sri Lanka’ awarded by the petitioner in favour of the respondent vide agreement dated 14th May, 2012.

3. The bone of contention between the parties is whether the respondent could have been held liable for the sleepers that were supplied by it and were later found to have developed cracks. Relying upon Clause 8 of the Letter of Acceptance and Clause 15 of the Special Condition of Contract, the petitioner had called upon the respondent to replace the alleged defective sleepers during the Defect Liability Period. As the respondent claimed that the cracks had not appeared d
























































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