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 31.01.2023 passed by Sh. Gurvinder Pal Singh, 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 450 Metric Tons (MT) of „Dal Arhar‟.
4. The respondent M/s Indian Agro Marketing Co-operative Limited participated in such tender process and was awarded work contract to supply 450 MT of Arhar @ Rs. 5184/- per quintal.
5. The appellant issued acceptance letter on 03.04.2012. The total value of the work was Rs. 2,33,28,000/- and the delivery was to be made between 01.07.2012 and 15.07.2012. The delivery period was, however, extended upto 21.08.2012.
6. The respondent submitted unconditional Bank Guarantee of Rs.
23,32,800/- as per the stipulated terms and conditions of the contract.
7. Since no supply was made, the contract was cancelled on 28.09.2012 a
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