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2019 Supreme(Del) 731

PRATHIBA M.SINGH
UNION OF INDIA – Appellant
Versus
UNICON TECHNOLOGY INTERNATIONAL PVT LTD. – Respondent


Advocates Appeared:
Satyendra Kumar, Adv., Shiv Khorana, Adv.

JUDGMENT :

Prathiba M. Singh, J.

The present petition under Section 34 of the Arbitration and Conciliation Act, 1996(hereinafter, the 'Act') has been filed challenging the award dated 30th September, 2009 passed by the Ld. Sole Arbitrator rejecting the claim of UOI against M/s Unicon Technology International Pvt. Ltd (hereinafter "supplier"). The supplier was awarded the tender for supply, erection and commissioning of four numbers of Jib Cranes on 28th July, 1989. The order was placed on the supplier, with the delivery period being three to four months from the date of approval of the GA drawings. Thus, the original supply was contemplated to be around February, 1990. There was a delay in the approval of the GA drawings and finally after several extensions, two of the cranes were received by UOI on 13th November, 1991. The remaining two cranes were received on 30th May, 1992. On 3rd January, 1992, after the supply of the initial cranes, a letter was written by UOI to the supplier that the cranes were not of acceptable quality and that the engineering team should be deputed to re













































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