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2023 Supreme(Online)(DEL) 5152

HIGH COURT OF DELHI
UNION OF INDIA – Appellant
Versus
INDIAN AGRO MARKETING CO-OPERATIVE LTD – Respondent


JUDGMENT

MANOJ JAIN, J.

1. The present appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “said Act”) impugns order dated 28.05.2022 passed by learned District Judge (Commercial Court-02), 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 5450 Metric Tons (MT) of „Gram whole‟.

4. The respondent M/s Indian Agro Marketing Co-operative Limited participated in such tender process and was awarded work contract to supply 1125 MT of gram whole at the rate of Rs. 3553/-

per quintal.

5. The appellant issued acceptance letter on 09.02.2012. The total value of the work was Rs. 3,99,71,250/- and the delivery was to be made between 01.02.2012 to 15.02.2012.

6. Since substantial part of the „delivery period‟ had already elapsed even before the issuance of the acceptance letter, the respondent sent request for extension of delivery period upto 31.03.2012. Such request was acceded to by the appellant and delivery period was ex

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