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YASHWANT VARMA, DHARMESH SHARMA
Jupiter Rubber Pvt. Ltd. – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. the appellant's claims and the respondent's arguments regarding liquidated damages and delayed supplies. (Para 1 , 2 , 3 , 5 , 7) |
| 2. details of supply delays and contractual obligations. (Para 4 , 8) |
| 3. analysis of relevant case law and its implications for the appeal. (Para 6 , 10 , 14 , 20) |
| 4. clarification on the scope of judicial review of arbitration awards. (Para 9 , 12 , 16 , 18) |
| 5. final ruling and implications. (Para 11 , 19 , 23) |
JUDGMENT
Dharmesh Sharma, J.
1. This judgment shall decide the present appeal preferred by the appellant/claimant under Section 37 of the Arbitration and Conciliation Act, 1996 [The Act] read with Section 13 of the Commercial Court Act , 2015 [CC Act] assailing the impugned judgment dated 27 May 2020 passed by the learned Single Judge of this Court in OMP (COMM) No. 365/2017, thereby partly allowing the petition/OMP filed by the appellant/claimant under Section 34 of the Act where the impugned Award dated 26 May 2017 was challenged.
FACTUAL BACKGROUND:
2. Succinctly stated, the respondent floated a tender on 25 October 2012 for supply of 1,41,309 Light Weight Ground Sheets [Goods] and pursuant thereto, an offer was made by the appell
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