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2022 Supreme(Del) 974

VIBHU BAKHRU
Director General Central – Appellant
Versus
Fibroplast Marine Private Limited – Respondent


Advocates appeared:
Mr. Praveen Kumar Jain and Ms Bhavna Ruia, Advocates, for the Appellant; Mr. Sudhanshu Batra, Senior Advocate with Ms Gurinderpal Singh and Ms Jaya Bajpai, Advocates, for the Respondent.

JUDGMENT

Vibhu Bakhru, J. - The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the 'A&C Act') impugning an arbitral award dated 31.05.2019 (hereafter the 'impugned award') rendered by an Arbitral Tribunal comprising of a Sole Arbitrator (hereafter the 'Arbitral Tribunal').

2. On 17.07.2008, the petitioner floated a tender bearing no. U.II.708(A)/2008-09-PROC-(NDRF) inviting bids for supply of 288 numbers of Boat Assault Universal Type (hereafter 'BAUT') and 288 numbers of 50 HP Out Board Motor (hereafter 'OBM'). In response to the same, the respondent submitted its bid and was declared as the lowest bidder.

3. Subsequently, on 17.07.2009, the parties entered into an agreement bearing number U.II.708(A)/2008-09-PROC-(NDRF)-II for supply of 288 numbers of BAUTs and 288 numbers of OBMs (hereafter the 'Agreement') at a consideration of ?16,87,79,520/-. The respondent was liable to pay inspection charges quantified at 2% of the said contract value along with applicable service tax as levied by the Inspecting Agency

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