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2022 Supreme(Del) 655

PRATEEK JALAN
Union of India – Appellant
Versus
Delhi State Consumer Co-Operative Federation Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rakesh Kumar, CGSC
For the Respondent:Ms. Anju Bhattacharya, Advocate

JUDGMENT :

1. These 24 petitions under Article 227 of the Constitution of India have been filed by the Union of India [hereinafter, “the Union”] in respect of identical orders dated 19.02.2021 passed by a sole Arbitrator in 24 different arbitration proceedings. The Union has, in the alternative, sought a direction upon the Arbitrator to consider the applications filed by it for recall of the impugned orders.

2. All the proceedings were filed by the Union against the respondent-Delhi State Consumers Co-operative Federation Limited [hereinafter, “DSCCFL”]. By the impugned orders, the Arbitrator has terminated the proceedings under Section 25(a) of the Arbitration and Conciliation Act, 1996 [hereinafter, “the Act”].

A. Facts

3. The 24 arbitral proceedings arise in substantially similar circumstances. In response to four different tender enquiries floated by the Union, DSCCFL offered to supply various qualities of pulses [dal] for the use of defence personnel. According to the Union, DSCCFL failed to furnish the requisite security deposit, as a result of which each of the contracts were cancelled at the risk and cost of the respondent. The Union sought to claim consequential damages. A cha

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