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2023 Supreme(Del) 3357

SANJEEV SACHDEVA, MANOJ JAIN
Union of India – Appellant
Versus
Kendriya Bhandar – Respondent


Advocates appeared:
Mr. Rakesh Kumar, CGSC with Mr. Sunil, Advocate and Mr. Tarveen Singh, G.P., for the Appellant.
Mr. Vijay Kasana with Mr. Kshitiz Chhabra and Mr. Chirag Verma, Advocates, for the Respondent.

JUDGMENT

Manoj Jain, J. The present appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "said Act") impugns order dated 02.02.2022 passed by Sh. Sanjiv Jain, learned District Judge (Commercial Court-03), Patiala House Courts, New Delhi whereby, the objection petition filed by the appellant herein under Section 34 of said Act has been dismissed.

2. Let us refer to the facts germane for the disposal of the present appeal.

3. A tender was floated by the appellant for procurement of 1200 Metric Tons (MT) of `Rajma'.

4. The respondent participated in such tender process and was awarded work contract to supply 1200 Metric Tons (MT) of `Rajma'. The delivery schedule was finalized and the quantity was to be supplied in phased manner on stipulated rates.

5. The appellant issued acceptance letter on 09.06.2011. The total value of the work was Rs.4,44,60,000/-.

6. The respondent submitted unconditional Bank Guarantee of Rs.44,46,000/- as per the stipulated terms and conditions of the contract.

7. The appellant extended the delivery period from time to time and eventually issued `performance notice' dated 20.01.2012 directing respondent

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