VIBHU BAKHRU
Alpha Services – Appellant
Versus
Ircon International Limited – Respondent
Vibhu Bakhru, J.
1. The petitioner (hereafter ‘Alpha’) has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter ‘the Act’) impugning the arbitral award dated 23.12.2015 (hereafter ‘the impugned award’) delivered by the Arbitral Tribunal comprising of a Sole Arbitrator (hereafter ‘the Arbitral Tribunal’). The impugned award was rendered in the context of disputes that had arisen between the parties in relation to the contract entered into by the parties, whereby Alpha had agreed to supply 35 numbers of Electric Overhead Travelling Cranes (hereafter ‘EOT Cranes’) to the respondent (hereafter ‘IRCON’) for the Rail Coach Factory at Raebareli.
2. The principal dispute between the parties relates to the question whether Alpha was obliged to provide fish plate sets, rail clamp sets, bolts, nuts and other concomitant accessories in connection with the rails to be installed for the horizontal (lengthwise) movement of the EOT Cranes. The rails were to be fixed on the Gantry and the EOT Cranes supplied by Alpha would rest on the said Rails. There is no dispute that Alpha was required to erect and carry out the works for fixing of the rai
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