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 29.11.2021 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 4550 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 800 MT of Dal Arhar @ at the rate of Rs. 6,225/-
per quintal.
5. The appellant issued acceptance letter on 04.06.2013. The total value of the work was Rs. 4,98,00,000/- and the delivery was to be made between 16.06.2013 to 20.06.2013.
6. The respondent submitted unconditional Bank Guarantee of Rs.
49,80,000/- as per the stipulated terms and conditions of the contract.
7. The appellant extended the delivery schedule from time to time and eventually issued „performance notice‟ dat
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