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DELHI HIGH COURT
PRATEEK JALAN
Badri Singh Vinimay Private Limited – Appellant
Versus
MMTC Limited – Respondent
| Table of Content |
|---|
| 1. disputes from tender and arbitration initiation (Para 2 , 3 , 4) |
| 2. grounds for challenging arbitration proceedings (Para 5 , 6) |
| 3. importance of notice per section 21 of the act (Para 11 , 12 , 13) |
| 4. compliance with ica rules and section 21 (Para 14 , 15 , 19) |
| 5. rejection of petition under section 34 (Para 23 , 24) |
JUDGMENT
1. By way of this petition under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as "the Act"], the petitioner seeks setting aside of an award dated 02.12.2014 passed by a sole arbitrator. By the impugned award, the respondent herein was awarded a sum of Rs.1,12,27,431/- alongwith interest and costs of the arbitration proceedings.
Facts
2. The disputes between the parties arise out of a tender floated by the respondent for sale of 1500 metric tonnes ("MT") of imported lentils (toor lemon-Myanmar origin). The petitioner's bid for purchase of 250 MT of the goods @ Rs.42,810/- per MT was accepted. The respondent contended that the petitioner had failed to lift the goods, as a result of which it was compelled to sell the material to third parties at the risk and cost of the petitioner.
3. In terms of the agreem
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