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2017 Supreme(HP) 968

SANDEEP SHARMA
Himachal Pradesh State Electricity Board Limited – Appellant
Versus
H. M. Steel Ltd. – Respondent


Advocates Appeared:
For the Applicant : Mr. Satyen Vaidya, Mr. Vivek Sharma
For the Respondent: Mr. Ajay Vaidya

JUDGMENT :

Sandeep Sharma, J.

Being aggrieved and dissatisfied with the award dated 30.4.2012 passed by the learned arbitrator in respect of dispute pertaining to non-payment of freight and insurance charges (in short, ‘F & I charges’) and VAT etc. qua the supply of steel tubular poles, objector/petitioner (herein after, ‘objectors’) has approached this Court by way of objections filed under Section 34 (3) of the Arbitration & Conciliation Act.

2. Undisputed facts, as emerges from the record are that the objectors namely Himachal Pradesh State Electricity Board Limited, which is a Company registered under the Companies Act, 1956, invited Tender inquiry No. CE (MM)-09/06 for the supply of steel poles of assorted size on the basis of tentative requirement for the year 2006-07 i.e. Annexure A-2. It is a matter of record that though M/s Fabrico India Pvt. Ltd., Meerut was the lowest bidder for all sizes of steel poles but the fact remains that the respondent-claimant (hereinafter, ‘claimant’) being an HP based firm, i.e. M/s HM Steel, Trilokpur Road, Village Charo Kala Amb, District Sirmaur, Himachal Pradesh vide communication dated 30.11.2006, offered to supply all sizes of steel poles,














































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